Redpath Bros. v. Lawrence
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — -Hon. Cyrus A. Anthony, Judge. (1) In an action of tort for deceit in a sale, against a third party, the petition must allege, and the evidence must clearly show, that the misrepresentation was made with an intention to deceive and defraud, and an omission in this respect is bad, even after verdict. Allen v, Addington, 7 Wend. 10; Bigelow on Fraud, pp. 535-6; Ins.
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Appeal from the Nodaway Circuit Court. — -Hon. Cyrus A. Anthony, Judge. (1) In an action of tort for deceit in a sale, against a third party, the petition must allege, and the evidence must clearly show, that the misrepresentation was made with an intention to deceive and defraud, and an omission in this respect is bad, even after verdict. Allen v, Addington, 7 Wend. 10; Bigelow on Fraud, pp. 535-6; Ins. Co. v. Matthews, 102 Mass. 221 ; Land Co. v. Heilman, 45 N. W. Rep. 760. (2) Considered as an action of trover and conversion, it must appear that there was a right of rescission both as to…
1Opinion of the CourtSmith, P. J.
This is an action commenced in the Nodaway circuit court, by the plaintiffs against the defendant, somewhat in the nature of an action for deceit and of trover and conversion. The petition contained three counts, essentially the same, except as to date, amount and description of merchandise. At the trial, there was a finding for the defendants on the first count; there remains to be considered the second and third counts. The second count, being the duplicate of the others, as already indicated, alleged: “Plaintiffs, for *107further cause of action, state that, on the seventeenth day of February,…
2Cases cited16 opinions
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Marsh v. FalkerNew York Court of Appeals · 1869
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Cabot v. ChristieSupreme Court of Vermont · 1869
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
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3Cited by7 opinions
- State Bank v. FrameSupreme Court of Missouri · 1892
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
- Hackney v. BirelyMontana Supreme Court · 1923
- Dymock v. Midland National BankMissouri Court of Appeals · 1896
- American Valley Co. v. WymanMissouri Court of Appeals · 1902
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