Peters v. Lohman
Missouri Court of Appeals
Appeal from Jasper County Circuit Court.' — Eon. Carr McNatt, Judge. (1) Tlie defendants in their printed próspectus in the most positive manner, made many false and fraudulent representations, about the corporation and its capital stock. They made them without knowing whether they were true or false and recklessly indifferent as to the injury they might cause.
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Appeal from Jasper County Circuit Court.' — Eon. Carr McNatt, Judge. (1) Tlie defendants in their printed próspectus in the most positive manner, made many false and fraudulent representations, about the corporation and its capital stock. They made them without knowing whether they were true or false and recklessly indifferent as to the injury they might cause. Plaintiff relying on them purchased $5000 worth of the preferred stock at par; it was worthless when purchased and he lost his money. (2) A party making material statements without knowing whether they were true or false cannot urge as…
1Opinion of the Court
' OPINION.
STURGIS, J.
Granting that there is evidence in this case sufficient to take to the jury the question of the statements made in the prospectus being untrue in fact, the finding of the jury on that question would be final and binding on this court, provided the instructions submitting the same are found to be proper. It is therefore apparent that the real question to be determined by this court is the correctness of the instructions given by the court at the instance of defendants in submitting that question to the jury and allowing the defense of good faith and absence of willful…
Also in this document: Concurrence.
2Cases cited17 opinions
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Ray County Savings Bank v. HuttonSupreme Court of Missouri · 1909
- Kendrick v. RyusSupreme Court of Missouri · 1910
- Hamlin v. AbellSupreme Court of Missouri · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Candace J. Wilson v. Wayne ZoellnerCourt of Appeals for the Eighth Circuit · 1997
- Wilson v. MurchMissouri Court of Appeals · 1962
- Morris v. Stifel, Nicolaus & Co.Court of Appeals for the Eighth Circuit · 1979
- Bank of Polk v. WoodMissouri Court of Appeals · 1915
- Fed. Sec. L. Rep. P 96,895 Margaret Morris v. Stifel, Nicolaus & Co., Inc., and Kingsley O. Wright, Sr., Mary A. Braun v. Stifel, Nicolaus & Co., Inc., Kingsley O. Wright, and Theodore MenasCourt of Appeals for the Eighth Circuit · 1979
10 more not listed; retrieve them via the Exa API.