Legal Opinion

Early v. Atchison, Topeka & Santa Fe Railway Co.

Missouri Court of Appeals

Decided July 19, 1912PublishedCited by 4 opinions

Appeal from Knox Circuit Court. — Eon. Charles D. Stewart, Judge. (1) .Upon the entire record, plaintiff is not entitled to recover, (a) No fraud or deceit was perpetrated on Cook & Devine, but they acted on their own responsibility, and plaintiff cannot recover on account thereof. Anderson v. McPike,' 88 Mo. 292; Edwards v. Noel, 88 Mo. App. 439'; Warren v. Ritchie, 128 Mo. 311; Bryan v. Hitchock, 43 Mo. 527; Dean v. Whire,' 63 Mo. 186; Champion, etc., v. Heskett, 125 Mo.

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Appeal from Knox Circuit Court. — Eon. Charles D. Stewart, Judge. (1) .Upon the entire record, plaintiff is not entitled to recover, (a) No fraud or deceit was perpetrated on Cook & Devine, but they acted on their own responsibility, and plaintiff cannot recover on account thereof. Anderson v. McPike,' 88 Mo. 292; Edwards v. Noel, 88 Mo. App. 439'; Warren v. Ritchie, 128 Mo. 311; Bryan v. Hitchock, 43 Mo. 527; Dean v. Whire,' 63 Mo. 186; Champion, etc., v. Heskett, 125 Mo. App. 516; Morse v. Ratbburn, 49 Mo. 93; Priest v. White, 89 Mo. 609; Woods v. Letton, 111 Mo. App. 51. (b) Plaintiff had…

1Opinion of the CourtNortoni, J.

This is a suit for money had and received.. Plaintiff recovered and defendant prosecutes the appeal. The theory declared upon and pursued is to the effect that defendant obtained-possession of $100', money of plaintiff, through and by means of certain false and fraudulent representations and under such circumstances as affords a promise, by implication of law, to pay the same to plaintiff on demand.

It appears defendant was engaged in reconstructing its railroad dump, and let a considerable portion of the work to Cook & Devine by virtue of a written contract in evidence. This contract…

2Cases cited7 opinions

  1. Clifford Banking Co. v. Donovan Commission Co.Supreme Court of Missouri · 1906
  2. Hall v. MarstonMassachusetts Supreme Judicial Court · 1822
  3. Crigler v. DuncanMissouri Court of Appeals · 1907
  4. Sanders' Pressed Brick Co. v. BarrMissouri Court of Appeals · 1898
  5. Jenkins v. CloptonMissouri Court of Appeals · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Heywood v. Northern Assurance Co.Supreme Court of Minnesota · 1916
  2. Lipman, Wolfe & Co. v. Phœnix Assur. Co.Court of Appeals for the Ninth Circuit · 1919
  3. EC Robinson Lumber Co. v. LadmanMissouri Court of Appeals · 1953
  4. Walker v. Collins Construction Co.Nebraska Supreme Court · 1931

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