People's National Bank v. Central Trust Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — No». J. H. Slover, Judge. (1) There is no misrepresentation of fact in the statement of defendant upon which this action is founded. The language relied upon as constituting the fraud for which defendant should respond in damages, namely, “a note is secured by chattel mortgage on certain stuff, ” is probably as common an expression as any used by persons engaged in trade.
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Appeal from Jackson Circuit Court. — No». J. H. Slover, Judge. (1) There is no misrepresentation of fact in the statement of defendant upon which this action is founded. The language relied upon as constituting the fraud for which defendant should respond in damages, namely, “a note is secured by chattel mortgage on certain stuff, ” is probably as common an expression as any used by persons engaged in trade. It seems very strange, if it has such pregnant meaning as is contended for by plaintiff, that the law books which record the controversies between such men have not already made it clear…
1Opinion of the CourtValliant, J.
— This is a suit for damages, founded on alleged fraudulent misrepresentations. It is what is commonly called an action for deceit. Plaintiff is a national bank at Rock Island, Illinois; the defendant a Missouri corporation located at Kansas City, and engaged in the business generally conducted by trust companies, which includes the buying and selling *653of promissory notes. The transaction ont of which this snit arises was the sale by the defendant to the plaintiff of a promissory note purporting to be secured by a mortgage on two hundred head of cattle in Marion county, Kansas. The transaction…
2Cases cited6 opinions
- Hamlin v. AbellSupreme Court of Missouri · 1894
- Dulaney v. RogersSupreme Court of Missouri · 1876
- Miller v. BrenekeSupreme Court of Missouri · 1884
- Buford v. CaldwellSupreme Court of Missouri · 1834
- Bethune v. Cleveland, St. Louis & Kansas City Railway Co.Supreme Court of Missouri · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ray County Savings Bank v. HuttonSupreme Court of Missouri · 1909
- Liggett v. LevySupreme Court of Missouri · 1911
- Ellenburg v. Edward K. Love Realty Co.Supreme Court of Missouri · 1933
- Fidelity & Deposit Co. of Maryland v. Drovers' State BankCourt of Appeals for the Eighth Circuit · 1926
- Snyder v. StemmonsMissouri Court of Appeals · 1910
3 more not listed; retrieve them via the Exa API.