Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 244

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 244

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...Co. 2 Addison on Torts (Wo0d's Ed), 412. "And all of them must be found to exist. The absence of any one of them is fatal to a recovery." 20 Cyc. 12, 13; Brackett v. Griswald, 112 N. Y. 454; Tinker v. Kier, 195 M0. 199; Peers v. Davis, 29 M0. 184, syl. 2. To support an action of deceit the existence of a fraudulent intent must in some way be manifest. 20 Cyc. 35; Dunn v. White, 63 M0. 181; Summers v. Ins. Co., 90 Mo. App. Shinn, 25 Mo. App. 277; Lovelace v. Suter, 93 Mo. App. 429; Snider v. Stemmons, 151 Mo. App. 156. It must appear that deceit was practiced and for the purpose of putting the vendor off his guard, or that special confidence was reposed in the representations of the vendor, and that the contract was entered into on the strength of the statements; and the proof of the fraudulent representations must be clear. Dunn v, White, 63 M0. 181; Redpath v. Lawrence, 48 Mo. App. 427, syl. 3; Kilpatrick v. Wiley, 197 M0. 159; Hume v. Brelsford, 51 Mo. App. 651; 20 Cyc. 108. There must have been a specific representation lirought to plaintifl's knowledge. 20 Cyc. 14; Hume v. Brelsford, 51 Mo. App. 651. ( 2) Appellant makes the statement that testimony of Donovan that subsequent to Lindsay 's contract he was present at a conference at which defendants said they owned the Union Minera properties was excluded. This is another erroneous statement. This testimony was not excluded and all oral testimony of this kind was admitted by the court throughout the trial. The only evidence in connection with Donovan that was excluded was an ofier by attorneys to prove that Lindsay made a self-serving statement to Donovan sometime subsequent to the purchase of his stock, not even relating to anything that occurred before...
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Product details

  • Paperback | 284 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236921658
  • 9781236921659