Edwards v. Noel
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Mon. William ZachritZj Judge. STATEMENT OK THE CASE. On the sixteenth day of May, 1893, the defendant, who is a broker living in St. Louis, addressed a letter to plaintiff, wbo lived at Jefferson Oity, Missouri, offering for sale certain bonds' of the denomination of one thousand dollars each, described in the letter, and stated therein to be “secured upon the Lindell Hotel building in St. Louis, and a perpetual lease upon the…
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Appeal from St. Louis City Circuit Court. — Mon. William ZachritZj Judge. STATEMENT OK THE CASE. On the sixteenth day of May, 1893, the defendant, who is a broker living in St. Louis, addressed a letter to plaintiff, wbo lived at Jefferson Oity, Missouri, offering for sale certain bonds' of the denomination of one thousand dollars each, described in the letter, and stated therein to be “secured upon the Lindell Hotel building in St. Louis, and a perpetual lease upon the ground at a rental of $27,500 per annum.” The letter stated that this security was afforded by a deed of trust. Plaintiff…
1Opinion of the CourtBond, J.
In order to recover in an action at law for deceit or fraudulent misrepresentations, it is necessary to allege and prove, first, that the representations were false; second, that they were known to be false when made, or, wbat is tantamount to such knowledge, -that they were made as of bis own knowledge by tbe utterer, when in fact be bad neither any knowledge on the subject, nor any reasonable grounds to believe the representations so made to be true; third, that the plaintiff had a right to, and did rely upon the truth of such representations, and suffered damage and loss by reason of their…
2Cases cited2 opinions
- Hamlin v. AbellSupreme Court of Missouri · 1894
- Shinnabarger v. SheltonMissouri Court of Appeals · 1890
3Cited by4 opinions
- Sinclair Refining Co. v. StevensCourt of Appeals for the Eighth Circuit · 1941
- Thompson v. NewellMissouri Court of Appeals · 1906
- Kenyon Printing & Manufacturing Co. v. Barnsley Bros. Cutlery Co.Missouri Court of Appeals · 1910
- Greenstreet v. WalschMissouri Court of Appeals · 1915