Smith v. Patterson
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. To sustain their action plaintiffs must prove that the representation was known to be false by the defendant, that it was made with intent to deceive or defraud, that it was exclusively relied upon by plaintiffs, that they had a right to rely upon that representation, and that they acted upon it, and were injured in consequence thereof.
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Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. To sustain their action plaintiffs must prove that the representation was known to be false by the defendant, that it was made with intent to deceive or defraud, that it was exclusively relied upon by plaintiffs, that they had a right to rely upon that representation, and that they acted upon it, and were injured in consequence thereof. Jolliffe v. Collins, 21 Mo. 338; Bryan v. Hitchcock, 43 Mo. 527; Parker v. Marquis, 64 Mo. 42; Franklin v. Hollé, 7 Mo; App. 246; Bispham’s Principles of Equity [2 Ed.] p. 216; Brownlee v.…
1Opinion of the CourtBiggs, J.
— On the fifth' day of May, 1890, one Bryant and wife executed their promissory note for *68$225, payable to the order of Susan E. Myrick, due thirty months after date, and bearing interest at the rate of ten per cent, per annum from its date. To secure this note Bryant and wife executed a deed of trust on lot 5 of the northwest quarter of section number 4, township 29, range 23, west, which is the north half of the quarter section, containing eighty acres, more or less. This deed of trust bears date April 5, 1890, but it was not acknowledged until May 16, 1890, upon which day it was also filed…
2Cases cited7 opinions
- Griffith v. TownleySupreme Court of Missouri · 1878
- Koontz v. Central National BankSupreme Court of Missouri · 1873
- Norton v. HighleymanSupreme Court of Missouri · 1886
- Brown v. FaganSupreme Court of Missouri · 1880
- Nelson v. BettsMissouri Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chrisman v. LindermanSupreme Court of Missouri · 1907
- Castleman v. CastlemanSupreme Court of Missouri · 1904
- Kemper, Hundley & McDonald Dry Goods Co. v. George A. Kennard Grocer Co.Missouri Court of Appeals · 1897
- Michigan Buggy Co. v. WoodsonMissouri Court of Appeals · 1894