Sumner v. Rogers
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) There was an utter failure to prove the allegations of fraud, so as to sustain an action for deceit. Limn v. White, 63 Mo. 181, and cas. cit. ; Joliffe v. Collins, 21 Mo. 333. (2) The first count is an action for deceit, and nothing else.
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Appeal from St. Louis Court of Appeals. (1) There was an utter failure to prove the allegations of fraud, so as to sustain an action for deceit. Limn v. White, 63 Mo. 181, and cas. cit. ; Joliffe v. Collins, 21 Mo. 333. (2) The first count is an action for deceit, and nothing else. It is solély for the “ frauds, ” “fraudulent acts,” “ conspiring with others with intent to cheat and defraud plaintiff,” “fraudulent concealment from plaintiff,” “misleading and fraudulently deceiving plaintiff,” that plaintiff claimed to be “damaged in the sum of one thousand one hundred dollars.”' Though there…
1Opinion of the Court
■ Sherwood, T.—
Both counts in the petition were ■for causes of action arising ex delicto, and so they were *329treated by plaintiff s counsel, who insisted on the trial shat the action was for deceit; it was upon this ground, .alone, that the circuit court permitted the trial to proceed. At the conclusion of the evidence, however, the court gave instructions that on the pleadings, and evidence the plaintiff was not entitled to recover on either count, and, thereupon, the plaintiff took a non-suit with leave, etc., and failing to set the non-suit aside, appealed so the St. Louis court of appeals,…
2Cases cited12 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- Ross v. . MatherNew York Court of Appeals · 1872
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3Cited by17 opinions
- Cole v. ArmourSupreme Court of Missouri · 1900
- Huston v. TylerSupreme Court of Missouri · 1897
- State Ex Rel. Adler v. DouglasSupreme Court of Missouri · 1936
- Henry County v. Citizens BankSupreme Court of Missouri · 1907
- Butts v. LongMissouri Court of Appeals · 1902
12 more not listed; retrieve them via the Exa API.