Comings v. Leedy
Supreme Court of Missouri
Appeal from Greene Circuit Court.—Hon. W. D. Hubbard, Judge. (1) The court erred in overruling the motion to strike out part of the separate answers. (2) The misrepresentations complained of, made by Onstott and Smallstig, were simply puffing their wares, promissory in their character, and not representations of any existing state of facts. Evidence of fraud must be clear and convincing.
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Appeal from Greene Circuit Court.—Hon. W. D. Hubbard, Judge. (1) The court erred in overruling the motion to strike out part of the separate answers. (2) The misrepresentations complained of, made by Onstott and Smallstig, were simply puffing their wares, promissory in their character, and not representations of any existing state of facts. Evidence of fraud must be clear and convincing. Dunn v. White, 63 Mo. 186; Jackson v. Wood, 88 Mo. 76; Keiser v. Gammon, 95 Mo. 219. (3) The evidence required to impeach the certificate of the notary, even if she had denied its truth, must be something…
1Opinion of the CourtBurgess, J.
This is an action of ejectment for the possession of lot 56, in Inwood Park addition to the city of North Springfield, Missouri. The petition is in the usual form. The defendants filed separate *457answers, alleging that the note and deed of trust under which plaintiff claims title were obtained by fraud and deceit, were without consideration, and also allege that the defendant Mary was the owner in fee of the lot at the time of the execution of the mortgage under which plaintiff claims title, that the mortgage was void, and that the note was obtained in furtherance of a fraudulent design to…
2Cases cited9 opinions
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Brown v. WeldonMissouri Court of Appeals · 1887
- Wilcox v. ToddSupreme Court of Missouri · 1877
- Arnold v. WiltIndiana Supreme Court · 1882
- Mays v. PryceSupreme Court of Missouri · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
- Payne v. BeaumontCourt of Appeals of Texas · 1922
- Qualls v. QuallsSupreme Court of Alabama · 1916
- Springfield Engine & Thresher Co. v. DonovanSupreme Court of Missouri · 1899
- Hutchins v. StanleySupreme Court of Kansas · 1913
17 more not listed; retrieve them via the Exa API.