Hobbs v. Boatright
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — No». Jos. D. Perkins, Judge. i (1) Even though we should not be correct in our contention that there is now, as a matter of fact, as far as plaintiff is concerned, but one cause of action before this court, which is an action for fraud and deceit, yet the cause of action for money lost at gaming, if there is such a one in the petition, and one for fraud and deceit being blended together in one petition, a general verdict thereon cannot…
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Appeal from Jasper Circuit Court. — No». Jos. D. Perkins, Judge. i (1) Even though we should not be correct in our contention that there is now, as a matter of fact, as far as plaintiff is concerned, but one cause of action before this court, which is an action for fraud and deceit, yet the cause of action for money lost at gaming, if there is such a one in the petition, and one for fraud and deceit being blended together in one petition, a general verdict thereon cannot stand, and this is especially true where the testimony is such that he can not recover for fraud and deceit. Mooney v.…
1Opinion of the CourtValliant, J.
— This is a suit to recover the sum of $6,000 which the plaintiff avers was obtained from him by defendants Boatright and others by means of a fraudulent scheme in which they .were aided and abetted by the defendants the Exchange Bank and Stewart its cashier.
The evidence shows that the plaintiff was enticed from his home in Oklahoma by the allurement of a scheme in which he was made to believe he would assist his tempters in obtaining money from other persons by means of inducing them to bet on a foot race to come off at Webb City, which race was to be so fraudulently conducted as to make it…
2Cases cited10 opinions
- National Bank v. GrahamSupreme Court of the United States · 1880
- Bell v. CampbellSupreme Court of Missouri · 1894
- Haggerty v. St. Louis Ice Manufacturing & Storage Co.Supreme Court of Missouri · 1898
- Sprague v. RooneySupreme Court of Missouri · 1891
- Kitchen v. GreenabaumSupreme Court of Missouri · 1875
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3Cited by59 opinions
- De Burgh v. De BurghCalifornia Supreme Court · 1952
- Gardine v. CotteySupreme Court of Missouri · 1950
- Creamer v. BivertSupreme Court of Missouri · 1908
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Berman v. CoakleyMassachusetts Supreme Judicial Court · 1923
54 more not listed; retrieve them via the Exa API.