Meier v. Jackson
Missouri Court of Appeals
Appeal from the Morgan Circuit Court. — Hon. D. W. Shackleeord, Judge. (1) The court erred in overruling defendant’s motion in arrest of judgment. The petition does not state a cause of action. The misrepresentations alleged are not sufficient upon -which to predicate an action for fraud and deceit. They are not based upon past or existing facts. Bullock v. Wooldridge, 42 Mo.
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Appeal from the Morgan Circuit Court. — Hon. D. W. Shackleeord, Judge. (1) The court erred in overruling defendant’s motion in arrest of judgment. The petition does not state a cause of action. The misrepresentations alleged are not sufficient upon -which to predicate an action for fraud and deceit. They are not based upon past or existing facts. Bullock v. Wooldridge, 42 Mo. App. 356. (2) The court erred in refusing to give instruction number 9, in the nature of a demurrer to the'evidence asked by* defendant at the close of the whole case. The evidence does not sustain the allegations of the…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages based upon the fraudulent representations made by the defendant to plaintiff, in consequence of which the latter was induced to sell and transfer to the former a’certain promissory note for half its value. There was a trial in the circuit court resulting in judgment for plaintiff and from which defendant has appealed.
The defendant assails the judgment on the ground that the false representations alleged in the petition are insufficient to support an action for fraud and deceit, in that the same are not based upon past or existing facts. It is alleged in…
2Cited by1 opinion
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