Magee v. Verity
Missouri Court of Appeals
Appeal from Schuyler Circuit Court. — Now. Nat. M. Shelton, Judge. (1) The court erred in holding the contract of November 25, 1896, void. Plaintiff admitted its execution. The burden was on him to show such fraudulent acts on the part of the agent of the association, as would vitiate it. He who charges fraud must prove it by preponderance of the evidence to the satisfaction of the court, and such evidence must be clear, convincing and conclusive.
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Appeal from Schuyler Circuit Court. — Now. Nat. M. Shelton, Judge. (1) The court erred in holding the contract of November 25, 1896, void. Plaintiff admitted its execution. The burden was on him to show such fraudulent acts on the part of the agent of the association, as would vitiate it. He who charges fraud must prove it by preponderance of the evidence to the satisfaction of the court, and such evidence must be clear, convincing and conclusive. Forrester v. Schofield, 51 Mo. 268; Jackson v. Wood, 88 Mo. 76; Kaiser v. Gammon, 95 Mo. 217; Shoe Co. v. Miller, 53 Mo. App. 640; Fenniwiek v.…
1Opinion of the CourtEllison, J.
— This is a proceeding in equity to •cancela note and deed of trust and restrain a sale thereunder. The decree in the circuit court was for plaintiff.
Plaintiff became a member of the Missouri Guarantee Savings and Building Association which company afterwards made an assignment and defendant Verity *489was made assignee. Plaintiff borrowed of snob association $400, giving Ms note containing a contract that plaintiff was to pay tbe association on the twentieth of each month, two dollars on his stock; one dollar and .sixty cents for premium and preference in the loan, and two dollars and forty…
2Cases cited4 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
- Wright v. McPikeSupreme Court of Missouri · 1879
- State v. Phoenix Loan Ass'nMissouri Court of Appeals · 1900
3Cited by17 opinions
- McNinch v. Northwest Thresher Co.Supreme Court of Oklahoma · 1909
- Bass Furn. & Carpet Co. v. FinleySupreme Court of Oklahoma · 1927
- Dyrssen v. Union Electric Light & Power Co.Supreme Court of Missouri · 1927
- Paris Manufacturing & Importing Co. v. CarleMissouri Court of Appeals · 1906
- Tait v. LockeMissouri Court of Appeals · 1908
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