Spalding v. Citizens' Bank
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. Reuben E. Rot, Judge. All the evidence was oral, save Mr. Austin’s deposition, and Mr. Pollard’s deposition, which was read by plaintiff as an admission, but he subsequently testified orally in court, and in such cases the rule is that the findings of the chancellor are deferred to by appellate courts, and his finding on this point was against appellants’ contention.
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Appeal from the Pike Circuit Court. — Hon. Reuben E. Rot, Judge. All the evidence was oral, save Mr. Austin’s deposition, and Mr. Pollard’s deposition, which was read by plaintiff as an admission, but he subsequently testified orally in court, and in such cases the rule is that the findings of the chancellor are deferred to by appellate courts, and his finding on this point was against appellants’ contention. Kincaid v. Irvine, 140 Mo. 615; Hartley v. Hartley, 143 Mo. 217 loe. cit. A-party may, after making his offer to rescind, “do any acts in regard to the stock reasonably necessary to…
1Opinion of the CourtBland, P. J.
This is a suit in equity by plaintiff asking for the rescission of a contract of purchase of ten shares of the capital stock of defendant bank; to recover $900 paid on the purchase of the stock, and for the surrender and cancellation of a $200 note given the bank by plaintiff for the balance on the contract price of the stock; on the ground that the defendants, other than Dempsey, as directors and cashier of the bank, falsely and fraudulently represented to plaintiff that the bank was in good condition; was solvent; had a surplus and was paying annual dividends; and averred that plaintiff…
2Cases cited8 opinions
- McCord's Administrator v. McCordSupreme Court of Missouri · 1882
- Berkson v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1898
- Burgess v. O'DonoghueSupreme Court of Missouri · 1886
- Miller v. BrydenMissouri Court of Appeals · 1889
- Ferguson v. ThacherSupreme Court of Missouri · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Morici v. JarvieSupreme Court of Connecticut · 1950
- Norman v. WrightSupreme Court of Missouri · 2003
- Judd v. WalkerMissouri Court of Appeals · 1911
- Crow v. CrowMissouri Court of Appeals · 1907
- Patton v. ForgeyMissouri Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.