National Bank v. Newellmorse Royalty Co.
Supreme Court of Missouri
Error to Jasper Circuit Court. — Mon. D. E. Blair, Judge. (1) Under the pleadings and evidence the defendant was not liable for the fraud of Newell in illegally issuing to himself the spurious certificate of stock. This stock had never been thrown on the market. It was issued on the very day of the loan and bore the same date as the loan papers. The plaintiff was not dealing with the defendant corporation; it was dealing with Newell in his individual capacity.
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Error to Jasper Circuit Court. — Mon. D. E. Blair, Judge. (1) Under the pleadings and evidence the defendant was not liable for the fraud of Newell in illegally issuing to himself the spurious certificate of stock. This stock had never been thrown on the market. It was issued on the very day of the loan and bore the same date as the loan papers. The plaintiff was not dealing with the defendant corporation; it was dealing with Newell in his individual capacity. It relied on Newell’s individual representations. It placed confidence in Newell. It was deceived and defrauded by Newell. The…
1Opinion of the CourtGraves, J.
This case reached us by virtue of our writ of error directed to the circuit court of Jasper county. Plaintiff below, defendant in error here, is a banking corporation under the laws of the United States, doing business in Jasper county, Missouri. Defendant below, plaintiff in error here, is a business corporation organized under the laws of this State. For convenience we shall speak of the parties as plaintiff *644and defendant rather than plaintiff in error and defendant in error. In other words, we shall nse the style of the ease below rather than its style here. Matters of proof and pleading…
2Cases cited5 opinions
- Bank v. LanierSupreme Court of the United States · 1871
- Tome v. Parkersburg Branch RailroadCourt of Appeals of Maryland · 1873
- Titus v. President of the Great Western Turnpike RoadNew York Court of Appeals · 1874
- Western Maryland Railroad v. Franklin BankCourt of Appeals of Maryland · 1883
- Davey v. Newell-Morse Royalty Co.Missouri Court of Appeals · 1913
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- Boss v. Silent Drama SyndicateCalifornia Court of Appeal · 1927
- Green v. Caribou Oil Min. Co.California Supreme Court · 1919
- Bankers Trust Co. v. RoodSupreme Court of Iowa · 1930
- Citizens' Nat. Bank v. Santa Rita Hotel Co.Court of Appeals for the Ninth Circuit · 1927
- Hudson Trust Co. v. American Linseed Co.Appellate Division of the Supreme Court of the State of New York · 1920
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