Link v. Jackson
Missouri Court of Appeals
Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) Instruction 2 given for the defendants is wrong, misleading, is without evidence upon which to base it and is in direct conflict with the opinion of this court in the former appeal of this cause.
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Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (1) Instruction 2 given for the defendants is wrong, misleading, is without evidence upon which to base it and is in direct conflict with the opinion of this court in the former appeal of this cause. Link v. Jackson, 139 S. "W. 597. (2) It is true that the fact of knowledge may be shown by proof of facts and circumstances, but under the authorities, nothing short of actual knowledge on the part of the plaintiff would defeat his right to recover. 7 Cyc. 944; Hamilton v. Marks, 63 Mo. 167; Dickey v. Adler, 143 Mo. App. 332; Reeves…
1Opinion of the CourtCox, J.
Action upon a promissory note executed by .defendants to A.. H. Willard and by him assigned to plaintiff. The defense was fraud in procuring the note and against that defense plaintiff asserted that he was an innocent holder for value without notice. The note was given in payment for an interest in a stallion by defendant Jackson and the fraud alleged in procuring the note consisted in representations that the horse was a sure foal getter, which defendants alleged was false, and that for the purpose of inducing *200defendant Jackson and others to purchase an interest in the horse, Willard, the…
2Cases cited4 opinions
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Link v. JacksonMissouri Court of Appeals · 1911
- Gordon v. ParkSupreme Court of Missouri · 1909
- State ex rel. Kennan v. Fidelity & Deposit Co.Missouri Court of Appeals · 1902
3Cited by4 opinions
- Herrman v. DaffinMissouri Court of Appeals · 1957
- Hill v. DillonMissouri Court of Appeals · 1913
- Davis v. First National BankArizona Supreme Court · 1924
- German American Bank v. SmithMissouri Court of Appeals · 1919