Nauman v. Oberle
Supreme Court of Missouri
Appeal from Ble. Genevieve Circuit Court. — Hon. J. D. Foster, Judge. (1) Appellant alleges in his answer, and offered evidence tending to prove, “that said plaintiff paid to the defendant the said consideration of thirteen hundred dollars for said hides, tallow, and sheep-pelts after having counted and received delivery and having full knowledge of the number of said hides.”
Read the full summary
Appeal from Ble. Genevieve Circuit Court. — Hon. J. D. Foster, Judge. (1) Appellant alleges in his answer, and offered evidence tending to prove, “that said plaintiff paid to the defendant the said consideration of thirteen hundred dollars for said hides, tallow, and sheep-pelts after having counted and received delivery and having full knowledge of the number of said hides.” This stated a complete defence to plaintiff’s cause of action, for the reason: Said payment being made with a full knowledge of all the facts and circumstances that there was a less number of hides than he bought, and…
1Opinion of the Court
Norton, C. J. —
This is a suit to recover damages, in which the petition, in substance, alleges that plaintiff bought of defendant a quantity of hides, tallow and sheep pelts for the price and sum of thirteen hundred dollars; that defendant falsely, fraudulently and deceitfully represented and guaranteed that the number of hides so sold was not less than three hundred and forty, when in truth and in fact the number was only two hundred and fifty-nine; that plaintiff, relying on the representations and guarantees of defendant, bought the said hides, etc., at the above price and paid for them.…
2Cases cited5 opinions
- Whitney v. AllaireNew York Supreme Court · 1847
- Dulaney v. RogersSupreme Court of Missouri · 1876
- Parker v. MarquisSupreme Court of Missouri · 1876
- Walsh v. MorseSupreme Court of Missouri · 1883
- Jones v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1883
3Cited by24 opinions
- Nysewander v. LowmanIndiana Supreme Court · 1890
- Yale Gas Stove Co. v. WilcoxSupreme Court of Connecticut · 1894
- Johnson v. CulverIndiana Supreme Court · 1888
- McDonough v. WilliamsSupreme Court of Arkansas · 1905
- Doujotos v. LeventhalMassachusetts Supreme Judicial Court · 1930
19 more not listed; retrieve them via the Exa API.