McBeth v. Craddock
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Statement of case by the court. This is an action for fraud and deceit.
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Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Statement of case by the court. This is an action for fraud and deceit. The petition alleges that plaintiff was the owner of certain household effects in Kansas City, of the value of seven hundred and fifty dollars, on which she "owed one hundred and thirty-five dollars; that, about January 1, 1884, one P„ W. Alley offered to buy said property, by paying sixty-five dollars in cash, assuming the payment of the claim of one hundred and thirty-five dollars, and by executing to plaintiff four notes, each for $137.50, to be secured by…
1Opinion of the CourtPhilips, P. J.
This action appears to have been stoutly resisted by defendant; and his learned counsel has raised and pressed many questions on this appeal, which will be disposed of in their order.
I. It is claimed that the trial court erred in adding to the third instruction, as asked by defendant, the words, “or that defendant made such representations as of his own knowledge, when, in fact, he had no such knowledge.” The objection is, that the petition charges that plaintiff knew the representations made by him .were false, whereas, the added words allowed plaintiff to recover, although defendant did not…
2Cases cited15 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Beebe v. KnappMichigan Supreme Court · 1873
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Dulaney v. RogersSupreme Court of Missouri · 1876
- Whalen v. St. Louis, Kansa City & Northern RailwaySupreme Court of Missouri · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Watson v. JonesSupreme Court of Florida · 1899
- Stonemets v. HeadSupreme Court of Missouri · 1913
- Dow v. SwainCalifornia Supreme Court · 1899
- Thompson v. NewellMissouri Court of Appeals · 1906
- Chase v. RuskCourt of Appeals of Kansas · 1901
11 more not listed; retrieve them via the Exa API.