Legal Opinion

Gottschalk v. Kircher

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 3 opinions

Appeal from St. Fouis City Circuit Court. — Hon. L. B. Valliant, Judge. This being an action in equity, the court will examine the whole case and look into the evidence.

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Appeal from St. Fouis City Circuit Court. — Hon. L. B. Valliant, Judge. This being an action in equity, the court will examine the whole case and look into the evidence. Benne v. Schnecko, 100 Mo. 257. (2) “If a party intentionally misrepresents a material fact, or produces-a false impression by words or acts, in order to mislead or to obtain an undue advantage, it is a case of manifest fraud.” 1 Story on Equity Jurisprudence, sec. 192. “If there be an intentional concealment or suppression of material facts in the making of a contract, in cases-in which both parties have not equal access to…

1Opinion of the CourtBrace, J.

This is ah action in the nature of a bill in equity against the defendant, individually, and as administrator of Frederick Brinkhoff, deceased, to set aside the following assignment in writing:

“John Nyhoff, Administrator of Francis Knapp, deceased, v. “Frederick Brinkhoff, Alexander H. Schulte et al.

No. 52415. In the St. Louis Circuit Court.

“For value received (to-wit: $400 less expenses) I hereby assign and transfer the judgment recovered in above-styled cause to Charles E. Kircher, which judg*173ment was rendered for $4,932.62 on May 2, 1881, and purchased by me, at administrator’s sale, under…

2Cases cited10 opinions

  1. Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
  2. Benne v. SchneckoSupreme Court of Missouri · 1889
  3. Cottrill v. KrumSupreme Court of Missouri · 1890
  4. Pomeroy v. BentonSupreme Court of Missouri · 1874
  5. Wannell v. KemSupreme Court of Missouri · 1874

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Barrett v. BallMissouri Court of Appeals · 1903
  2. Bartlett v. BrownSupreme Court of Missouri · 1894
  3. Paxon v. Kregel Casket Co.Missouri Court of Appeals · 1928

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