Wannell v. Kem
Supreme Court of Missouri
Appeal f rom, Louisiana Court of Common Pleas. I. The instructions put the case to the jury on the theory that-Kem had the right to rely solely upon Brolaski’g representations, whether other means of information were at ids disposal or not ’; and that it was only necessary for the jury to believe that he did so rely, to entitle him to a verdict. This is not the law.
Read the full summary
Appeal f rom, Louisiana Court of Common Pleas. I. The instructions put the case to the jury on the theory that-Kem had the right to rely solely upon Brolaski’g representations, whether other means of information were at ids disposal or not ’; and that it was only necessary for the jury to believe that he did so rely, to entitle him to a verdict. This is not the law. (Langdon vs. Green, 49 Mo., 363 ; Holland vs. Anderson, 38 Mo., 56; Bryan vs. Hitchcock, 43 Mo., 527; McEarland,vs. Carver, 34 Mo., 195; Fish vs. Cieland, 33 Ill., 238; Miller vs. Young’s adm’r, 33 Ill., 355; Mitchell vs. Heeds,…
1Opinion of the Court
NautoN; Judge,
delivered the opinion of the court.
This was an action on a note for $8,000, given in consideration of 160 shares of stock in the “Mo. Gas Works Building *480Go.,” signed by defendant Kem and his wife, and secured by a deed of trust on Mrs. Kern’s land in Pike county.
The defense was, that Brolaski, the vendor of the stock, to whom the note aud mortgage were given, had made false and fraudulent representations in regard to its value, and the condition of the company; that the purchaser relied solely on these representations, and that the stock was really of no value, and therefore,…
2Cases cited5 opinions
- Langdon v. GreenSupreme Court of Missouri · 1872
- Wannall v. KemSupreme Court of Missouri · 1872
- Bryan v. HitchcockSupreme Court of Missouri · 1869
- McFarland v. CarverSupreme Court of Missouri · 1863
- Powers v. HurmertSupreme Court of Missouri · 1872
3Cited by48 opinions
- Cottrill v. KrumSupreme Court of Missouri · 1890
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- State ex rel. Wellford v. WilliamsTennessee Supreme Court · 1903
43 more not listed; retrieve them via the Exa API.