Thomas v. Freligh
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. To warrant a recovery, fraud and falsehood should be alleged and proved as to material facts affecting the sale. — Terry v. Insurance Co., 3 Mo. App. 595 ; Graham v. Theis, 47 Ga. 479 ; Rice v. Carter, 11 Ired. L.'298. That the false representations were made with the intent to deceive, and were relied upon. —Brown-lee v..Hewitt, 1 Mo. App. 360 ; DunnY.
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Appeal from the St. Louis Circuit Court, Lindley, J. To warrant a recovery, fraud and falsehood should be alleged and proved as to material facts affecting the sale. — Terry v. Insurance Co., 3 Mo. App. 595 ; Graham v. Theis, 47 Ga. 479 ; Rice v. Carter, 11 Ired. L.'298. That the false representations were made with the intent to deceive, and were relied upon. —Brown-lee v..Hewitt, 1 Mo. App. 360 ; DunnY. White, 63 Mo. 185 ; Morse v. Rathburn, 49 Mo. 91; Loughton v. Greene, 49 Mo. 368 ; Holland v. Anderson, 38 Mo. 55 ; Bryan v. Hitchcock, 43 Mo. 531; Parker v. Marquis, 64 Mo. 42. “The law…
1Opinion of the CourtHayden, J.
Though the petition contains unnecessary averments detailing mere matters of evidence, its gist is that the defendant bought certain law-books of the plaintiffs, intending at the time of the purchase not to pay for the books,- There was a denial, and upon the hearing it appeared that one Hook called at the book-store of the plaintiffs, represented that he was a law student, and selected the books, promising to pay for them the next week ; that, the plaintiffs then, and their clerk afterwards, sold books to Hook which were never paid for. There was evidence tending to show that Hook, at the…
2Cases cited3 opinions
- Bidault v. WalesSupreme Court of Missouri · 1853
- Bidault v. WalesSupreme Court of Missouri · 1855
- State ex rel. Erhardt v. EstelMissouri Court of Appeals · 1878
3Cited by7 opinions
- Manheimer v. HarringtonMissouri Court of Appeals · 1886
- Beebe v. HatfieldMissouri Court of Appeals · 1896
- Reid, Murdock & Co. v. LloydMissouri Court of Appeals · 1893
- Leedom v. J. M. Ward Furniture, Stove & Carpet Co.Missouri Court of Appeals · 1889
- Blackwell v. FryMissouri Court of Appeals · 1892
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