Quinlan v. Keiser
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. Plaintiffs and defendants engaged in the purchase and sale of whisky on joint account. Defendants did the buying. A settlement was made and the profits were divided on the basis of eighty cents per gallon as the cost of the whisky. Its actual cost to defendants was but seventy cents per gallon. This suit was brought to open the settlement and have the account re-stated.
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Appeal from St. Louis Court of Appeals. Plaintiffs and defendants engaged in the purchase and sale of whisky on joint account. Defendants did the buying. A settlement was made and the profits were divided on the basis of eighty cents per gallon as the cost of the whisky. Its actual cost to defendants was but seventy cents per gallon. This suit was brought to open the settlement and have the account re-stated. The petition charged that defendants were guilty of fraud, misrepresentation, and concealment as to the cost of the whisky. The answer denied these charges, and averred that plaintiffs,…
1Opinion of the Court
Sherwood, O.- J.
— The object, sought by this proceeding, was to have opened the settlement of an account on the ground of fraud, and to have a new account restated, &c. The referee found that defendants had been guilty of undue concealment in dealing with plaintiffs in regard to *605the whisky purchased on joint account, and that the relations of trust and confidence existing between the pai’ties, demanded the fullest disclosure ; but the referee also found that plaintiffs were apprised of the fact that defendants had acted towards them in a manner not consonant to equity and good conscience ;…
2Cases cited1 opinion
- Pomeroy v. BentonSupreme Court of Missouri · 1874
3Cited by11 opinions
- McDannel v. BlackMichigan Supreme Court · 1935
- State ex rel. Scotland County v. EwingSupreme Court of Missouri · 1893
- McKeen v. Boatmen's BankMissouri Court of Appeals · 1898
- Linville v. State ex rel. Board of CommissionersIndiana Supreme Court · 1892
- Davis & Rankin Bldg. & Manuf'g Co. v. DixU.S. Circuit Court for the District of Western Missouri · 1894
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