Carolus v. Koch
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. Plaintiff' cannot be charged with a want of attention and care, in failing to discover the active fraud of defendants. He was bound to answer and put in every defense arising naturally out of the facts and circumstances attending the purchase of the goods. But he was not bound to suspect that the defendants, his wholesale dealers, were perpetrating a fraud on him.
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Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb, Judge. Plaintiff' cannot be charged with a want of attention and care, in failing to discover the active fraud of defendants. He was bound to answer and put in every defense arising naturally out of the facts and circumstances attending the purchase of the goods. But he was not bound to suspect that the defendants, his wholesale dealers, were perpetrating a fraud on him. He was not bound to be ever on the alert, to catch the slightest, indication of a dishonest purpose on their part. Our courts have yet to decide that success is so…
1Opinion of the CourtNorton, J.
This is a suit brought in the circuit coux’t of Buchanan county to exxjoin defendant Sullivan from levying an executioxx upon'the propexfiy of plaintiff to satisfy a judgmexxt x’endered against plaintiff by a justice of the peace in favor of defendants Koch, Chew & West. In the circuit court defendants objected to the introductioxx of axx3r evidence on the ground that the petition did not state a cause of action. This objection was sustained, and judgment rendered for the defendants, and the only qxxestion presented for our determination is as to the sufficiency of the petition. The petition,…
2Cases cited2 opinions
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3Cited by7 opinions
- Smith v. SimsSupreme Court of Missouri · 1883
- Cantwell v. JohnsonSupreme Court of Missouri · 1911
- City of Guthrie v. McKennon Ex Rel. Estate of McKennonSupreme Court of Oklahoma · 1907
- Patterson v. YanceyMissouri Court of Appeals · 1903
- Bodkin v. RollysonWest Virginia Supreme Court · 1900
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