Poston v. Balch
Supreme Court of Missouri
Appeal from, Knox Circuit Court. — Hon. John C. Anderson, Judge. Courts of equity will protect the weak minded and unsuspecting from the frauds of those who are their superior and would dupe them into a false belief, and on the question of fraud or imposition, weakness of mind is an element of great importance.
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Appeal from, Knox Circuit Court. — Hon. John C. Anderson, Judge. Courts of equity will protect the weak minded and unsuspecting from the frauds of those who are their superior and would dupe them into a false belief, and on the question of fraud or imposition, weakness of mind is an element of great importance. Willard’s Eq., 202, 203, 204 ; Cadwallader v. West, 48 Mo. 483; Freeland v. Fldridge, 19 Mo. 325. The defendant relies upon the principle that equity will not grant relief to persons who are parties to agreements against public policy, or where they are participes criminis. This rule,…
1Opinion of the CourtNapton, J.
The object of'this action is to set aside certain transfers of notes and other personal property from plaintiff to defendant, as fraudulently obtained, and to subject certain real estate of the defendant, into which it is alleged this personal property was converted by defendant to the satisfaction of this claim. The facts recited in the petition, upon which the plaintiff bases his claim to relief, are substantially as follows: The plaintiff, as he alleges, was a man of weak mind, easily alarmed and readily imposed on by one who had his confidence. He was married'sometime in 1859, to Mrs. Ann…
2Cases cited1 opinion
- Kemp v. WalkerOhio Supreme Court · 1847
3Cited by14 opinions
- Gardine v. CotteySupreme Court of Missouri · 1950
- Creamer v. BivertSupreme Court of Missouri · 1908
- Hobbs v. BoatrightSupreme Court of Missouri · 1906
- Merz v. Tower Grove Bank & Trust Co.Supreme Court of Missouri · 1939
- Rozell v. VansyckleWashington Supreme Court · 1895
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