Troll v. Spencer
Supreme Court of Missouri
•Appeal from St. Louis Circuit Court. — Eon. Jas. E. Withrow, Judge. (1) A court of equity will at the instance of one party to a contract, set aside such transaction or contract if it was made upon the misrepresentation or fraud actual or constructive of the other. Steinmeyer v. Siebert, 190 Pa.
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•Appeal from St. Louis Circuit Court. — Eon. Jas. E. Withrow, Judge. (1) A court of equity will at the instance of one party to a contract, set aside such transaction or contract if it was made upon the misrepresentation or fraud actual or constructive of the other. Steinmeyer v. Siebert, 190 Pa. St. 471; Winter v. Bullock, 6 Ga. 230; Morris v. Budlong, 16 Hun, 570. (2) A confidential relationship exists between a broker and his customer, and the broker in settling with his customer should make the fullest disclosure. Slight fraud under such circumstances will justify a court of equity in…
1Opinion of the CourtLamm, J.
Plaintiff sues in equity, the general object and nature of his bill is to set aside and annul a so-called “receipt or release” given by Bessie M. Taylor, executrix of W. J. Taylor’s will, to the firm of Spencer and Dennison, to declare the same null and void because of fraud and to have an accounting.
At the close of plaintiff’s case defendants demur to the evidence, the same is sustained, the court orders plaintiff’s bill dismissed (which is done) and he comes up by appeal.
There are three questions here, viz.:
First. Is a demurrer to the evidence in the line of allowable procedure in equity…
2Cases cited8 opinions
- Anthony v. Kennard Building Co.Supreme Court of Missouri · 1905
- Wendover v. BakerSupreme Court of Missouri · 1894
- First National Bank v. SimpsonSupreme Court of Missouri · 1899
- Conran v. SellewSupreme Court of Missouri · 1859
- McCollum v. BoughtonSupreme Court of Missouri · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Conrad v. Diehl.Supreme Court of Missouri · 1939
- Cunningham v. KinnerkMissouri Court of Appeals · 1934
- Jacobs v. CauthornSupreme Court of Missouri · 1922
- Wyrozynski v. NicholsMissouri Court of Appeals · 1988
- Glaze v. GlazeMissouri Court of Appeals · 1958
14 more not listed; retrieve them via the Exa API.