Adams v. Barber
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) In an action of deceit, the plaintiff must allege and prove that the representations were false and that they were known to be false by the defendant at the time they were made, or that the representations were made by defendant as of his own knowledge when in fact he had neither any knowledge on the subject nor any reasonable ground to believe the representations so made to be true.
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Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) In an action of deceit, the plaintiff must allege and prove that the representations were false and that they were known to be false by the defendant at the time they were made, or that the representations were made by defendant as of his own knowledge when in fact he had neither any knowledge on the subject nor any reasonable ground to believe the representations so made to be true. Paretti v. Revenack, 81 Mo. App. 498; Edwards v. Noel, 88 Mo. App. 439; Remmers v. Remmers, 217 Mo. 557. (2) The court erred in giving to the…
1Opinion of the Court
opinion;
NIXON, P. J.
— I. Appellant assigns as error that the allegations of the petition are insufficient to sustain a judgment for deceit and that his demurrer to the petition on that account should have been sustained. The petition, after alleging the specific false representations, enumerates them in detail at great length and then proceeds to charge what is commonly called the scienter, in these words:
“Plaintiff further says that said representations so made by defendant were made to the plaintiff fraudulently and intentionally for the purpose of inducing plaintiff to enter into said…
2Cases cited20 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Judd v. WalkerSupreme Court of Missouri · 1908
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Warren v. ColeMichigan Supreme Court · 1867
- Hamlin v. AbellSupreme Court of Missouri · 1894
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Stonemets v. HeadSupreme Court of Missouri · 1913
- Parker v. GreenMissouri Court of Appeals · 1960
- Peters v. LohmanMissouri Court of Appeals · 1913
- Boss v. TomarasMichigan Supreme Court · 1930
- Obermeyer v. KirshnerMissouri Court of Appeals · 1931
9 more not listed; retrieve them via the Exa API.