Legal Opinion

Missouri Loan & Investment Co. v. Federal Trust Co.

Missouri Court of Appeals

Decided June 24, 1913PublishedCited by 7 opinions

Appeal from Dunklin Circuit Court. — Hon. W. S.'G. Walker, Judge. A representation, to constitute fraud, must relate to a past or existing fact, and a promise or statement of intention, inducing a contract, though made with the intent to deceive, will not he ground for a rescission thereof. Wade v. Ringo, 122 Mo. 322; Estes v. Shoe Co., 155 Mo. 577; Younger v. Hoge, 211 Mo. 444; Funding & F. Co. v. Heskett, 125 Mo. App. 531; Terry v. Ins. Co., 3 Mo.

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Appeal from Dunklin Circuit Court. — Hon. W. S.'G. Walker, Judge. A representation, to constitute fraud, must relate to a past or existing fact, and a promise or statement of intention, inducing a contract, though made with the intent to deceive, will not he ground for a rescission thereof. Wade v. Ringo, 122 Mo. 322; Estes v. Shoe Co., 155 Mo. 577; Younger v. Hoge, 211 Mo. 444; Funding & F. Co. v. Heskett, 125 Mo. App. 531; Terry v. Ins. Co., 3 Mo. App. 595; Matthews v. Eby, 149 Mo. App. 157; 2 Pomeroy on Eq. Jur., sec. 877; 14 Am, & Eng. Ency. of Law (2 Ed.), p. 47; Knowlton v. Keenan, 146…

1Opinion of the CourtNortoni, J.

This is a suit in equity wherein the cancellation of a contract is sought on the grounds of fraud and deceit in its inducement. The finding and judgment were for plaintiff and defendant prosecutes the appeal.

*648' Plaintiffs are copartners, engaged in conducting a farm loan business- under the firm name of tbe Missouri Loan & Investment Company. Defendant is a trust company, incorporated -under tbe laws of Missouri. It appears that, immediately after defendant was incorporated and while it was- yet placing its capital stock throughout the State, an agent for it, possessing full authority in that…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Ayres v. FrenchSupreme Court of Connecticut · 1874
  2. Miller v. SutliffIllinois Supreme Court · 1909
  3. Bidault v. WalesSupreme Court of Missouri · 1855
  4. Fox v. WebsterSupreme Court of Missouri · 1870
  5. Younger v. HogeSupreme Court of Missouri · 1908

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Grand Lodge of United Brothers of Friendship & Sisters of Mysterious Ten v. Massachusetts Bonding & InsuranceSupreme Court of Missouri · 1930
  2. Reed v. CookeSupreme Court of Missouri · 1932
  3. Wolf v. St. Louis Public Service CompanyMissouri Court of Appeals · 1962
  4. Bryan v. Louisville & Nashville RailroadSupreme Court of Missouri · 1922
  5. Shoup v. Tanner-Buick CompanyMissouri Court of Appeals · 1922

2 more not listed; retrieve them via the Exa API.

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