Fall v. Hornbeck
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — -No». Henry K. McOune, Judge. (1) Under the petition in the case at bar, actual fraud is alleged, so that the measure of damages would be the actual loss sustained by plaintiff.
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Appeal from Jackson Circuit Court. — -No». Henry K. McOune, Judge. (1) Under the petition in the case at bar, actual fraud is alleged, so that the measure of damages would be the actual loss sustained by plaintiff. Stone Cutter Co. v. Scott, 157 Mo. 525; VanCleave v. Berkey, 148 Mo. 136; Leonard v. Springer, 197 111. —; Hindman v.Bank, 112 Fed. 931, 50 C. C. A. 623, 57 L. R. A. 108. (1) Mere false assertions as to the value of property, where no warranty is intended, do not constitute actionable fraud, and means of knowledge is equivalent to knowledge. Cornwall v. McFarland R. E. Co., 150 Mo.…
1Opinion of the CourtBroaddus, P. J.
The defendants suggest that the appeal be dismissed because the abstract fails to show an affidavit for appeal, and filing of a bill of exceptions. As the conrt sustained a demurrer to plaintiff’s second amended petition and dismissed the suit, a bill of exceptions was not necessary. [1 McQuillin’s Pleading and Practice, sec. 942; 3 Ency. Pleading and Practice, p. 407.] The certified record shows that plaintiff filed affidavit for appeal and appeal was granted.
The suit is based upon certain alleged fraudulent acts of defendants and contains four counts, and as the allegations of fraud are the…
2Cases cited3 opinions
- Van Cleve v. BerkeySupreme Court of Missouri · 1898
- Cornwall v. McFarland Real Estate Co.Supreme Court of Missouri · 1899
- Wilson v. JacksonSupreme Court of Missouri · 1902