Wright v. McPike
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. G. Porter, Judge. J. No fraud in the procurement of the title bond is alleged in the reply, and there is no evidence to sustain such allegation, if made, and hence the first and fourth instructions given for plaintiff are erroneous. Moffatt v. Conklin, 35 Mo. 453. The law will not presume fraud. 1 Greenl.
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Appeal from Audrain Circuit Court. — Hon. G. Porter, Judge. J. No fraud in the procurement of the title bond is alleged in the reply, and there is no evidence to sustain such allegation, if made, and hence the first and fourth instructions given for plaintiff are erroneous. Moffatt v. Conklin, 35 Mo. 453. The law will not presume fraud. 1 Greenl. Ev., § 80. 2. The plaintiff is estopped by his conduct in accepting the note, after he was informed of its contents, and by accepting B. F. McPike as security on it, two years after he first received it, from denying its recitals. This latter act was…
1Opinion of the Court
Henry, J. —
This was a suit instituted by plaintiff s in» testate on a note executed by Abraham McPike, principal, and B. H. McPike, surety. The note was, by the answer, alleged to have been given for the price of a tract of land sold by Jas. H. Wright, plaintiff’s intestate, to Abraham McPike; and the defense relied upon was, that said Wright executed a title bond by which he obligated himself to make to McPike a good and sufficient deed for the land on payment of the purchase money, and that he had no title to the land, and refused to execute any other than a quit-claim deed. The replication…
2Cases cited4 opinions
- Briggs v. EwartSupreme Court of Missouri · 1873
- Van Valkenburgh v. RoukNew York Supreme Court · 1815
- Stacy v. RossTexas Supreme Court · 1863
- Phelps v. DeckerMassachusetts Supreme Judicial Court · 1813
3Cited by26 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Crim v. CrimSupreme Court of Missouri · 1901
- Girard v. St. Louis Car Wheel Co.Supreme Court of Missouri · 1894
- Smith v. GithensMissouri Court of Appeals · 1954
- Johnston v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1902
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