Withers v. Lafayette County Bank
Missouri Court of Appeals
Appeal from the Lafayette Circuit Cou/rt. — Hon. Richard Field, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. (2) The demurrer to the evidence should have been sustained. The fraud alleged in the petition did not appear in the evidence. No knowledge of respondent’s dissatisfaction was brought to appellant before suit. Five years’ silence was acquiescence.
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Appeal from the Lafayette Circuit Cou/rt. — Hon. Richard Field, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. (2) The demurrer to the evidence should have been sustained. The fraud alleged in the petition did not appear in the evidence. No knowledge of respondent’s dissatisfaction was brought to appellant before suit. Five years’ silence was acquiescence. Dickerson v. Colgrove, 100 U. S. 580; Garnhart v. Finney, 40 Mo. 449; Gaslight Co. v. St. Louis, 46 Mo. 121; Righley v. Barron, 49 Mo. 103; Pilkington v. Ins. Co.,, 55 Mo. 171; Justice v. Lancaster,…
1Opinion of the CourtSmith, P. J.
It is, in substance, alleged in the plaintiff’s petition that the defendant was a banking corporation and that the plaintiff was the owner of twenty shares therein, each of the par value of $100. It was further alleged that the defendant, fraudulently-acting in collusion with its president, George Wilson, and without any authority whatever, and in violation of its by-laws, annulled said certificates, which had been left for safe-keeping in the hands of defendant' and its president George Wilson, and that “plaintiff has demanded the said stock and the certificates therefor to be issued to her,…
2Cases cited10 opinions
- McAllister v. KuhnSupreme Court of the United States · 1878
- Brinkerhoff-Farris Trust & Savings Co. v. Home Lumber Co.Supreme Court of Missouri · 1893
- Vanstone v. GoodwinMissouri Court of Appeals · 1890
- Santa Cruz Bank of Savings v. CooperCalifornia Supreme Court · 1880
- Smith v. FarrellMissouri Court of Appeals · 1896
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3Cited by8 opinions
- Drug, Inc. v. HuntSupreme Court of Delaware · 1933
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Kansas City Casualty Co. v. Westport Avenue BankMissouri Court of Appeals · 1915
- Wilkinson v. MisnerMissouri Court of Appeals · 1911
- Lacaff v. Dutch Miller Mining & Smelting Co.Washington Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.