Hoffman v. Gill
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». H. D. Wood, Judge. (1) There was no cause of action stated in the petition, inasmuch as it failed to state that the defendant did falsely, fraudulently and knowingly make the statements,- etc. Koontz v. Kaufman, 31 Mo. App. 416; Tootle v. Lysaght, 65 Mo.
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Appeal from St. Louis City Circuit Court. — Ho». H. D. Wood, Judge. (1) There was no cause of action stated in the petition, inasmuch as it failed to state that the defendant did falsely, fraudulently and knowingly make the statements,- etc. Koontz v. Kaufman, 31 Mo. App. 416; Tootle v. Lysaght, 65 Mo. App. 139. (2) A mere false representation of value where no warranty is intended is no ground of relief to a purchaser, because such assertion is a mere matter of opinion, which does not imply knowledge, and is a thing about which men may differ. Cornwall v. McFarland, 150 Mo. 377; Nauman v.…
1Opinion of the Court
BLAND, P. J.,
(after stating the facts as above).— 1. Defendant insists that as the petition does not allege that the defendant falsely, fraudulently and hnowingly made the statements, etc., it is wholly insufficient to support a judgment. The petition charges that “the defendant corruptly and fraudulently, with the intent to cheat and defraud the plaintiff,” etc. This allegation is sufficient in a pleading to charge fraud in any court.
2. Defendant asked, but the court refused, the
following; instruction:
“If the jury believe from the evidence that plaintiff loaned one Finnegan $507 and took as…
2Cases cited5 opinions
- Kennedy v. North Missouri RailroadSupreme Court of Missouri · 1865
- Nelson v. WallaceMissouri Court of Appeals · 1892
- Dorsey v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1900
- Yowell v. VaughnMissouri Court of Appeals · 1900
- Lewis v. JannoupouloMissouri Court of Appeals · 1897
3Cited by5 opinions
- Stonemets v. HeadSupreme Court of Missouri · 1913
- Finke v. BoyerSupreme Court of Missouri · 1932
- Adams v. BarberMissouri Court of Appeals · 1911
- Morrow v. FranklinSupreme Court of Missouri · 1921
- Williams v. Detroit Oil & Cotton Co.Court of Appeals of Texas · 1908