Clark v. Edgar
Supreme Court of Missouri
Error to St. Louis Court of Appeals. (1) Neither the indorsement on the bonds nor the alleged verbal statements of the agent are such misrepresentations as will support the action for deceit. The bond proper contained no statement in regard to whether the deed of trust executed to secure its payment was a first mortgage. It was silent on the subject.
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Error to St. Louis Court of Appeals. (1) Neither the indorsement on the bonds nor the alleged verbal statements of the agent are such misrepresentations as will support the action for deceit. The bond proper contained no statement in regard to whether the deed of trust executed to secure its payment was a first mortgage. It was silent on the subject. And if the defendant in error believed that no other or prior incumbrance existed on the property, he derived this belief solely from the inference he drew from the words ‘ ‘ first mortgage bond” on the back of the bond and entirely disconnected…
1Opinion of the CourtBlack, J.
There was a judgment on demurrer to the second amended petition in this cause, in the circuit court, which was reversed in the court of appeals, and the cause is here on error to that court. The substantial averments of the petition are: that defendants were directors and officers of a corporation known as the “Martin-*109dale Zinc Company;” that in November, 1873, the corporation gave to Hill its note for $15,000, with twenty interest notes for three hundred dollars each, and secured the same by a deed of trust on the lands, machinery, etc., of said company, which was then duly recorded ; that…
2Cases cited3 opinions
- Holland v. AndersonSupreme Court of Missouri · 1866
- Bailey v. SmockSupreme Court of Missouri · 1875
- Langdon v. GreenSupreme Court of Missouri · 1872
3Cited by12 opinions
- Scott v. AbbottCourt of Appeals for the Eighth Circuit · 1908
- Reeves v. CorningU.S. Circuit Court for the District of Indiana · 1892
- Bank of Atchison County v. ByersSupreme Court of Missouri · 1897
- Knight v. RawlingsSupreme Court of Missouri · 1907
- Scott v. HillSupreme Court of Missouri · 1932
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