Newman v. Mercantile Trust Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court . — Eon. Daniel D. Fisher, Judge. (1) Fraud is a question for the jury — the court invaded the domain of the jury. Slight circumstances warrant submission of the issue of fraud to the jury. Hack v. Rollins, 158 Mo. 182; Bank v. Brunswick & Co., 155 Mo. 602; Tracy v. McKinney, 82 Mo.
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Appeal from St. Louis City Circuit Court . — Eon. Daniel D. Fisher, Judge. (1) Fraud is a question for the jury — the court invaded the domain of the jury. Slight circumstances warrant submission of the issue of fraud to the jury. Hack v. Rollins, 158 Mo. 182; Bank v. Brunswick & Co., 155 Mo. 602; Tracy v. McKinney, 82 Mo. App. 506; Robertson v. Shepherd, 165 Mo. 360; Paquin v. Millildn, 163 Mo. 79. (2) The second count of plaintiff’s petition states a cause of action at common law and is well established in Missouri. Perry v. Musser, 68 Mo. 477; Watriss v. Piera, 36 N. H. 239; Chitty on…
1Opinion of the CourtBrace., P. J.
This is an appeal from an order of the St. Louis Circuit Court overruling plaintiff’s motion to set aside a nonsuit.
The suit was instituted on the 13th of May, 1902. The defendant's are the Mercantile Trust Company, the Chicago, Rock Island and Pacific Railroad Company, John Scullin and Festus J. Wade.
The petition is in two counts. The 'first count is as follows:
“Plaintiff states that the defendant, the Mercan*431tile Trust Company, was at the time hereinafter stated and now is a corporation duly organized under the laws of the State of Missouri, providing for the incorporation of trust…
2Cases cited1 opinion
- Nagel v. Lindell Railway Co.Supreme Court of Missouri · 1902
3Cited by11 opinions
- Osborn v. Chandeysson Electric Co.Supreme Court of Missouri · 1952
- Kansas City Casualty Co. v. Westport Avenue BankMissouri Court of Appeals · 1915
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Wann v. ScullinSupreme Court of Missouri · 1908
- Handlan Buck Manufacturing Co. v. Stave Electrical Co.Missouri Court of Appeals · 1913
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