Tooker v. Alston
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southwestern Division of the Western' District of Missouri. This was an action by W. W. Alston to recover damages from L. A. Tooker, D. B. Loy, and C. A. Reed for their fraud and deceit in inducing hinj to purchase interests in a mining lease. A trial to a jury resulted in a verdict and judgment for $6,500 against Tooker and Loy, who for convenience will be referred to in the opinion as the “defendants.”
Read the full summary
In Error to the Circuit Court of the United States for the Southwestern Division of the Western' District of Missouri. This was an action by W. W. Alston to recover damages from L. A. Tooker, D. B. Loy, and C. A. Reed for their fraud and deceit in inducing hinj to purchase interests in a mining lease. A trial to a jury resulted in a verdict and judgment for $6,500 against Tooker and Loy, who for convenience will be referred to in the opinion as the “defendants.” There was no evidence that Reed participated in the conduct complained of, and the jury found in his favor. Tooker and Loy seek a…
1Opinion of the CourtHook, Circuit Judge
(after stating the facts as above). The denial of defendants’ request for a .directed verdict in their favor is presented by the first assignment of error, and the question is whether the verdict against them is sufficiently supported by the evidence. There was substantial evidence of the following facts:
The Boston-Aurora Zinc Company, a Maine corporation, as the owner of 10 acres of land in southwest Missouri, executed a mining lease thereof, dated November 18, 1904, to Tooker, Loy, and Reed. It required the immediate commencement and continuance of mining operations in a minerlike manner…
2Cases cited13 opinions
- Smith v. BollesSupreme Court of the United States · 1889
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
- Sigafus v. PorterSupreme Court of the United States · 1900
- Gordon v. ButlerSupreme Court of the United States · 1882
- Sawyer v. PrickettSupreme Court of the United States · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Falter v. United StatesCourt of Appeals for the Second Circuit · 1928
- Estate Counseling Service, Inc., a Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated, a CorporationCourt of Appeals for the Tenth Circuit · 1962
- Hines v. BrodeCalifornia Supreme Court · 1914
- Shonts v. HirlimanDistrict Court, S.D. California · 1939
- United States v. Ben Grunstein & Sons CompanyDistrict Court, D. New Jersey · 1956
18 more not listed; retrieve them via the Exa API.