Bank of North America v. Crandall
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The fraud spoken of in the bankrupt act involves, it is true, moral turpitude, but it need not amount to a crime. It is a fraud of the same character as would entitle the party defrauded to rescind a contract on account of it.
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Appeal from St. Louis Court of Appeals. (1) The fraud spoken of in the bankrupt act involves, it is true, moral turpitude, but it need not amount to a crime. It is a fraud of the same character as would entitle the party defrauded to rescind a contract on account of it. Stewart v. Emerson, 52 N. H. 301; In re Devoe, 2 Bank Reg. 27 ; Hamer v. Spelman, 78 111. 206; Morse v. Hutchins, 102 Mass. 439. The fraud may consist, either in the statement of a known falsehood, or in the concealment of material facts. Stewart v. Emerson, supra. (2) A record is conclusive of all the material facts litigated…
1Opinion of the CourtSherwood, J.
This is an action on a promissory note for the sum of $11,38156. The answer and the replication of the defendant narrowed the issues down to the single one, whether there was fraud in contracting the debt, evidenced by the note, thus preventing defendant’s discharge in bankruptcy from being a bar to plaintiff’s action. There was a trial by a jury resulting in a verdict for the defendant, and judgment accordingly, and on appeal this judgment was affirmed. \
There is ample evidence in the record, consisting of defendant’s own admissions when on the witness stand, showing that when the debt was…
2Cases cited3 opinions
- Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
- Wolf v. StixSupreme Court of the United States · 1879
- Brown, Randall & Co. v. BroachMississippi Supreme Court · 1876
3Cited by20 opinions
- Fuentes v. TuckerCalifornia Supreme Court · 1947
- Jones v. West Side Buick Co.Missouri Court of Appeals · 1936
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
- Sanford v. Royal InsuranceWashington Supreme Court · 1895
- Zimmern v. BlountCourt of Appeals for the Fifth Circuit · 1917
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