Culbertson v. Young
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. W. W. Bucher, Judge. (1) The petition states a cause of action. Lawrence v. Gayetty, 78 Cal. 126; Kimball y. Ins. Co., 9 Allen, 540; Bigelow on Eraud (2 Ed.), 483 et seq. (2) The making of a promise with no intention at the time of performing it constitutes a fraud. The mere failure to perform the covenant does.not relate back to and render the same fraudulent. It is the present intent not to perform it that makes it wrongful.
Read the full summary
Appeal from the Carroll Circuit Court. — Hon. W. W. Bucher, Judge. (1) The petition states a cause of action. Lawrence v. Gayetty, 78 Cal. 126; Kimball y. Ins. Co., 9 Allen, 540; Bigelow on Eraud (2 Ed.), 483 et seq. (2) The making of a promise with no intention at the time of performing it constitutes a fraud. The mere failure to perform the covenant does.not relate back to and render the same fraudulent. It is the present intent not to perform it that makes it wrongful. Lawrence v. Gayetty, 12 Am. St. Rep. 33; Kimball v. Ins. Co., 9 Allen, 540; Bigelow on Eraud (1 Ed.), p. 12. (3) A promise…
1Opinion of the CourtEllison, J.
Plaintiff is the stepfather of defendants and brought this action against them to recover the value of a large lot of personal property alleged to have been turned over to them and plaintiff’s former wife, Virginia J. Culbertson, the latter being the mother of defendants by a former husband. Thq finding in the trial court was for plaintiff. It was after-wards set aside by that court and a new trial granted. Plaintiff appealed from that order.
The petition states that defendants, with their mother, *280who was, then plaintiff’s wife, entered into a conspiracy to deceive and defraud plaintiff…
2Cases cited12 opinions
- Dowd v. TuckerSupreme Court of Connecticut · 1874
- Jackson v. Chicago, St. Paul & Kansas City RailroadMissouri Court of Appeals · 1893
- Milich v. Armour Packing Co.Supreme Court of Kansas · 1899
- Bidault v. WalesSupreme Court of Missouri · 1853
- Turner v. TurnerSupreme Court of Missouri · 1869
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stout v. Caruthersville Hardware Co.Missouri Court of Appeals · 1908
- Tate v. Wabash RailroadMissouri Court of Appeals · 1908
- Lewis v. MuseMissouri Court of Appeals · 1908
- Pfeiffer v. PfeifferSupreme Court of Missouri · 1962
- J. S. Rowell Manufacturing Co. v. IsaacsMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.