O'Connor v. St. Louis American League Baseball Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. Geo. C. Hitchcock, Judge. (1) ' The relationship which exists between master and servant is one of peculiar trust and confidence, and where in an action by the servant for breach of a contract of employment the master pleads facts constituting a fraud on that relationship as a justification for the servant’s discharge, the issue on such fraud is equitable in its nature and an appellate court will not consider itself bound by…
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Appeal from St. Louis City Circuit Court.— Hon. Geo. C. Hitchcock, Judge. (1) ' The relationship which exists between master and servant is one of peculiar trust and confidence, and where in an action by the servant for breach of a contract of employment the master pleads facts constituting a fraud on that relationship as a justification for the servant’s discharge, the issue on such fraud is equitable in its nature and an appellate court will not consider itself bound by the findings of the court or jury below, but will review all. of the evidence of the fraud. Dennison & Co. v. Aldrich, 114…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— Learned counsel for appellant make twelve assignments of error but in their argument they have confined themselves to eight points.
It is first argued that the relationship that exists between an employer and employee is one of peculiar trust and confidence and that where in an action by the latter for breach of the'contract of employment the former pleads facts constituting a fraud on that relationship as a justification, for the employee’s discharge, the issue on such fraud is equitable in its nature and that an appellate court will not consider itself bound by…
2Cases cited5 opinions
- Royle Mining Co. v. Fidelity & Casualty Co.Missouri Court of Appeals · 1907
- Employers' Liability Assur. Corp. v. MorrowCourt of Appeals for the Sixth Circuit · 1906
- Tetley v. McElmurrySupreme Court of Missouri · 1907
- Wade v. William Barr Dry Goods Co.Missouri Court of Appeals · 1911
- Wade v. William Barr Dry Goods Co.Missouri Court of Appeals · 1915
3Cited by5 opinions
- Fullington v. Ozark Poultry Supply Co.Supreme Court of Missouri · 1931
- Boillot v. Income Guaranty Co.Missouri Court of Appeals · 1937
- Drucker v. Western Indemnity Co.Missouri Court of Appeals · 1920
- Lemaitre v. National Casualty Co.Missouri Court of Appeals · 1916
- Kinty v. United Benefit Life Insurance Co.Missouri Court of Appeals · 1967