Birch Tree State Bank v. Dowler
Missouri Court of Appeals
Appeal from Shannon Circuit Court. — Hon. W. N. Evans, Judge. (1) Fraud must be proved, it may not stand upon a fog of suspicion or be based upon mere presumption. Kilpatrick v. Wiley, 197 Mo. 123; Lomak v. Railroad, 119 Mo.
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Appeal from Shannon Circuit Court. — Hon. W. N. Evans, Judge. (1) Fraud must be proved, it may not stand upon a fog of suspicion or be based upon mere presumption. Kilpatrick v. Wiley, 197 Mo. 123; Lomak v. Railroad, 119 Mo. App. 192. (2) In order to hold one liable for fraud for misrepresentations it is indispensable to prove the making of the misrepresentations and that they were false and either known by the party making them to be false, or so made as to imply that the maker knew it to be true, and that it was fraudulently made for the purpose of inducing the complaining party to act upon…
1Opinion of the CourtGray, J.
This was an action by the plaintiff, ' Birch Tree State Bank, a corporation, against the defendant, upon his negotiable promissory, note which was drawn in the usual form for the payment of the sum of $225. The note was originally executed by. defendant T. H. Bowler to W. H. Hurt for 112% kitchen cabinets. The note was subsequently assigned for value to the Birch Tree State Bank, and not being honored when it became due, the present suit was brought by the assignee.
The note was executed under the following circumstances: W. H. Hurt was the agent for the Mound City kitchen cabinets, and sold…
2Cases cited12 opinions
- Wannell v. KemSupreme Court of Missouri · 1874
- Bailey v. SmockSupreme Court of Missouri · 1875
- Thompson v. NewellMissouri Court of Appeals · 1906
- Champion Funding & Foundry Co. v. HeskettMissouri Court of Appeals · 1907
- Chilson v. HoustonNorth Dakota Supreme Court · 1900
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3Cited by3 opinions
- Jones v. West Side Buick Co.Missouri Court of Appeals · 1936
- Jeck v. O'MearaSupreme Court of Missouri · 1938
- Stacey v. RobinsonMissouri Court of Appeals · 1914