Ryan v. Ryan
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Bore. Wm. Zachrits, Judge. (!) Where a contract purports to be for a valuable consideration, evidence can not be introduced to .show that it was a gift or gratuity.- Oadwallader v. West, 48 Mo. 497; Yosti v. Laughrau, 49 Mo. 598. (2) Where confidential relations exist between the parties to a contract or wherever one person has acquired over another a position of superior influence or advantage by reason of relationship, trust, or…
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Appeal from St. Louis City Circuit Court. — Bore. Wm. Zachrits, Judge. (!) Where a contract purports to be for a valuable consideration, evidence can not be introduced to .show that it was a gift or gratuity.- Oadwallader v. West, 48 Mo. 497; Yosti v. Laughrau, 49 Mo. 598. (2) Where confidential relations exist between the parties to a contract or wherever one person has acquired over another a position of superior influence or advantage by reason of relationship, trust, or confidence (whatever its origin), and business dealings occur between such parties, the court will require proof of the…
1Opinion of the CourtValliant, J.
Plaintiffs are the children and heirs of Timothy Ryan, deceased, and defendant is a niece of plaintiffs’ father'. The object of this suit is to set aside a deed made by Timothy Ryan a short while before his death to the defendant.
The statements of the petition, as grounds for the relief sought, are that the deed was made while the plaintiffs’ father was in a weak and sickly condition and of unsound mind, resulting from habitual intoxication and while he was residing with and under the influence of the defendant, and that it was obtained by her through her undue influence over him.
The…
2Cases cited1 opinion
- Cadwallader v. WestSupreme Court of Missouri · 1871
3Cited by8 opinions
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Cook v. HigginsSupreme Court of Missouri · 1921
- Patton v. SheltonSupreme Court of Missouri · 1931
- Cornet v. CornetSupreme Court of Missouri · 1913
- State v. IrvineSupreme Court of Missouri · 1934
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