Hess v. D. T. Draffen & Co.
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Ho». James E. Hasell, Judge. STATEMENT BY BROADDUS, J. The defendants in this case are partners. They were engaged in the practice of law, writing insurance, loaning money and doing a general brokerage business at the time of the incidents which are narrated in this record. They were the owners of a set of abstract books and they desired to form a corporation for the purpose of doing an abstract business.
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Appeal from Cooper Circuit Court. — Ho». James E. Hasell, Judge. STATEMENT BY BROADDUS, J. The defendants in this case are partners. They were engaged in the practice of law, writing insurance, loaning money and doing a general brokerage business at the time of the incidents which are narrated in this record. They were the owners of a set of abstract books and they desired to form a corporation for the purpose of doing an abstract business. They sold shares of stock in said proposed concern and finally incorporated the. same, the only capital of said corporation being the abstract books…
1Opinion of the CourtBroaddtjs, J.
The question presented is, whether the court was justified in instructing the jury, upon plaintiff’s evidence, to return a verdict for defendants? In order to sustain the action it is admitted that plaintiff must show that the alleged representations, if made, were false; that they were knowingly made with intent to deceive; that the plaintiff had the right to and did rely upon them; and that he was dam■aged thereby.
If the books were such as the evidence showed them to be they did not contain a complete abstract of the lands situate in Cooper county. An abstract is defined to be: “ That which…
2Cases cited6 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Wannell v. KemSupreme Court of Missouri · 1874
- Cornwall v. McFarland Real Estate Co.Supreme Court of Missouri · 1899
- Brownlow v. WollardMissouri Court of Appeals · 1895
- Exter v. SawyerSupreme Court of Missouri · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State Ex Rel. Freeman v. Abstracters Board of ExaminersMontana Supreme Court · 1935
- Tinker v. KierSupreme Court of Missouri · 1906
- Johnson v. RenderSupreme Court of Oklahoma · 1928
- Opinion No. 75-125 (1975) Ag, Oklahoma Attorney General Reports1975