Legal Opinion

Carroll v. Peak

Missouri Court of Appeals

Decided April 3, 1911PublishedCited by 4 opinions

Appeal from Texas Circuit Court.—Hon. L. B. Wood-side, Judge. (1) The burden of proving fraud rests upon him who charges it, and must be by clear and convincing evidence. Disberger v. Harrington; 28 Mo. App. 632; State ex rel. v. Hope, 102 Mo. 410; Peters v. Miller, 53 Mo. App. 640; Jackson v. Wood, 88 Mo. 76; Taylor v. Crockett, 123 Mo. 300; Tison y. Lahaume, 14 Mo. 128; Naster v. Truesdale, 57 Mo.

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Appeal from Texas Circuit Court.—Hon. L. B. Wood-side, Judge. (1) The burden of proving fraud rests upon him who charges it, and must be by clear and convincing evidence. Disberger v. Harrington; 28 Mo. App. 632; State ex rel. v. Hope, 102 Mo. 410; Peters v. Miller, 53 Mo. App. 640; Jackson v. Wood, 88 Mo. 76; Taylor v. Crockett, 123 Mo. 300; Tison y. Lahaume, 14 Mo. 128; Naster v. Truesdale, 57 Mo. App. 535. (2) A party sui juris will not be permitted to show that he did not read or hear* a contract read. Taylor v. Fox, 16 Mo. App. 527; Penn v. Brashear, 65 Mo. App. 24; Sanderson v.…

1Opinion of the CourtCox, J.

Plaintiff is a loan agent now residing in Texas county, and defendant a farmer residing in Carter County. On January 2, 1909, defendant signed an application for -a loan upon his farm, addressed to Wells and Adams, Quincy, Illinois. By this application he applied for a loan of two thousand dollars to run for a period of seven years, and to secure the same agreed to execute deeds of trust upon his land and to furnish an abstract showing a clear title, to pay fees for recording deeds of trust, to pay all expenses incurred in perfecting the title, to pay a cash commission of one hundred and…

2Cases cited5 opinions

  1. Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
  2. Tait v. LockeMissouri Court of Appeals · 1908
  3. City of Trenton ex rel. Gardner v. CollierMissouri Court of Appeals · 1897
  4. Pheonix Insurance v. OwensMissouri Court of Appeals · 1899
  5. Broyles v. AbsherMissouri Court of Appeals · 1904

3Cited by4 opinions

  1. Ely v. SuttonMissouri Court of Appeals · 1913
  2. O'Shea v. LehrMissouri Court of Appeals · 1914
  3. Reddick v. Union Electric Light & Power Co.Missouri Court of Appeals · 1922
  4. Geo. O. Richardson Machinery Co. v. NelsonMissouri Court of Appeals · 1915

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