State ex rel. Cardwell v. Stuart
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. Houston W. Johnson, Judge. Plaintiff’s claim that the release was obtained by reason of false representation, is barred by the Statute of Limitations and plaintiff cannot recover.
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Appeal from Audrain Circuit Court. — Hon. Houston W. Johnson, Judge. Plaintiff’s claim that the release was obtained by reason of false representation, is barred by the Statute of Limitations and plaintiff cannot recover. The receipts and release were executed July 26, 1893. While the suit on the bond was instituted August 8,1896, the claim that the release was obtained by fraud was first pleaded by plaintiff’s amended reply filed September 21, 1903. Abst. page 12. In the former decision of this court, State ex rel. v. Stuart, 74 Mo. App. 182, and 102 Mo. App. 26, this court held that fraud…
1Opinion of the CourtGoode, J.
(after stating the facts). — There have been three verdicts in this case in favor of the plaintiff and, on examination of the evidence, we are unable to see how a different result could have been reached. The judgment conclusively appears to be for the right party unless relator’s cause of action is barred by the Statute of Limitations; which proposition we will investigate after considering the facts in regard to the relator’s release of his interest in his mother’s estate. He swore that he made the settlement and executed the two instruments of acquittance, on the representation of the…
2Cases cited12 opinions
- George v. TateSupreme Court of the United States · 1881
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Homuth v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Hancock v. BlackwellSupreme Court of Missouri · 1897
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3Cited by7 opinions
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Germania Fire Ins. v. Fort Worth Grain & Elevator Co.Court of Appeals of Texas · 1925
- Putnam v. BoyerMissouri Court of Appeals · 1913
- Wessel v. William Waltke & Co.Missouri Court of Appeals · 1916
- Foster v. PetreeMissouri Court of Appeals · 1940
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