Lovelace v. Suter
Missouri Court of Appeals
Appeal from Marion Circuit Court. — Hon. D. H. Hby, Judge. STATEMENT OF THE CASE. By this action appellant seeks to recover damages from fifteen parties, impleaded as defendants, on tfie ground that they were members of a co-partnership engaged in the banking business at the time of the occurrences stated in the petition.
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Appeal from Marion Circuit Court. — Hon. D. H. Hby, Judge. STATEMENT OF THE CASE. By this action appellant seeks to recover damages from fifteen parties, impleaded as defendants, on tfie ground that they were members of a co-partnership engaged in the banking business at the time of the occurrences stated in the petition. The Marion County Savings Bank was incorporated on the nineteenth day of December, 1861, under a charter of the State of Missouri, which expired by legal limitation twenty years from that day; but this fact seems to have been overlooked by the stockholders and officers of…
1Opinion of the CourtGoode, J.
Several legal propositions were very ably argued by the counsel in this case in discussing the propriety of the direction given by the circuit court in defendant’s favor; but we shall confine our remarks to the inquiry whether the letters written to the appellant by the cashier of the bank con-*438tamed any rejoresentation which will support, an action like the one before us; an action in the nature of the common-law remedy of deceit, not for breach of warranty or rescission of the contract of sale.
While the respondents earnestly insist that the contention of actual fraud on the part of Russell…
2Cases cited3 opinions
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Hamlin v. AbellSupreme Court of Missouri · 1894
- Dulaney v. RogersSupreme Court of Missouri · 1876
3Cited by7 opinions
- Bank of Polk v. WoodMissouri Court of Appeals · 1915
- Peters v. LohmanMissouri Court of Appeals · 1913
- Medford National Bank v. BlanchardOregon Supreme Court · 1931
- Serrano v. Miller & Teasdale Commission Co.Missouri Court of Appeals · 1906
- Snyder v. StemmonsMissouri Court of Appeals · 1910
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