Fisher v. Seitz
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) This cause must be reversed for error of the trial court in permitting defendant to try and submit to the jury an issue wholly different from that made by the pleadings.. Nanman v. Obérle, 90 Mo.' 666; Davis v. Foreman, 229 Mo. 57; Bristol v. Braid-wood, 28 Mich. 191; Judd v. Walker, 215 Mo. 324-30; Campbell v. Hoff, 129 Mo. 324; Adams v. Barber, 157 Mo. App. 395; Lindsay y.
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Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) This cause must be reversed for error of the trial court in permitting defendant to try and submit to the jury an issue wholly different from that made by the pleadings.. Nanman v. Obérle, 90 Mo.' 666; Davis v. Foreman, 229 Mo. 57; Bristol v. Braid-wood, 28 Mich. 191; Judd v. Walker, 215 Mo. 324-30; Campbell v. Hoff, 129 Mo. 324; Adams v. Barber, 157 Mo. App. 395; Lindsay y. Gold Mines Co., 148 S. W. 849. (2) Representations as to the ownership or character of the stock sold plaintiff were with reference to a material fact,…
1Opinion of the CourtEllison, P. J.
This is an action for two thousand dollars damages for fraud and deceit charged to have been practiced by defendant in selling mining stock to plaintiff of the par value of five thousand dollars. The judgment in the trial court was for the defendant.
It is charged' in the petition that defendant owned $5000 in the stock of the Lodi Mines Company, which he knew was worthless and which he had purchased at a nominal price, and that he laid a plan or scheme whereby he might sell it to plaintiff, in the carrying out of which, and to induce plaintiff to buy, he called upon him and represented that…
2Cases cited6 opinions
- Anderson v. McPikeSupreme Court of Missouri · 1885
- National Hollow Brake Beam Co. v. BakewellSupreme Court of Missouri · 1909
- Thompson v. NewellMissouri Court of Appeals · 1906
- Chase v. RuskCourt of Appeals of Kansas · 1901
- Brown v. South Joplin Lead & Zinc Mining Co.Supreme Court of Missouri · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McCaw v. O'MalleySupreme Court of Missouri · 1923
- Cramer v. OverfieldSupreme Court of Kansas · 1924
- Jones and Laughlin Steel Corporation v. Sedalia Industrial Loan and Investment Company, a Corporation, and Claude L. BoulCourt of Appeals for the Eighth Circuit · 1963
- Montgomery v. ClemMissouri Court of Appeals · 1926