Pemberton v. Staples
Supreme Court of Missouri
Error to Lewis Circuit Court. The following opinion was delivered at the August term of the year 1839, and the cause, on motion of the plaintiff, in error, being kept under advisement, and the two judges who were then on the bench, being still of opinion that its former judgment was correct, now direct their opinions to be transcribed for publication.
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Error to Lewis Circuit Court. The following opinion was delivered at the August term of the year 1839, and the cause, on motion of the plaintiff, in error, being kept under advisement, and the two judges who were then on the bench, being still of opinion that its former judgment was correct, now direct their opinions to be transcribed for publication. The circuit court committed palpable and manifest error in sustaining the de-raurrer of the plaintiff below to the defendants plea of fraud, and the conn :el cite, in support of their position, 1 Chitty pi. 553. I vol. I). O. L. Montgomery vs…
1Opinion of the Court
Opinion of the court delivered by
Ed-vard'. Judge.
Staple-, sued Pemberton by petition in iel>t in the Lewis circuit cofivi. Pemberton pleaded uon e.-.t -actum and fraud generally. Staples replied to the plea of non e it factum, and demurred to the plea of fraud. The court sustained the demurrer an I the plaintiff had judgment.
The j laiuliffio error insists that the circuit court erred in su .trining the durmrrer to the plea of fraud, and cites the care of Montgomery vs. Tipton 1 Mo. Dec. 446. In the . ° ‘ , . , case Lijo; e rUed, the court held that fraud con-txtutcd a good ^encti ’rj 'ilw aH…
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