German Savings Institution v. Jacoby
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.- — I-Ion. Daniel Dillon, Judge. (1) The representations made to induce the promise of Samuel Jacoby and on which he relied were material, were false and were so known to be when made, by the officer making them. (2) The correspondence between Bain, president, and Jacoby shows the representations by Bain that were false, and that Jacoby relied upon these representations, as he also asserts in his téstimony.
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Appeal from St. Louis City Circuit Court.- — I-Ion. Daniel Dillon, Judge. (1) The representations made to induce the promise of Samuel Jacoby and on which he relied were material, were false and were so known to be when made, by the officer making them. (2) The correspondence between Bain, president, and Jacoby shows the representations by Bain that were false, and that Jacoby relied upon these representations, as he also asserts in his téstimony. (3) Fraud vitiates all contracts and entitles the injured party to rescind, in a reasonable time after finding out the fraud, by notifying the…
1Opinion of the CourtBlack, J.
The Atlantic Milling Company is a corporation doing business in St. Louis. George Bain is, and for years has been its president. The mill was destroyed by fire in 1881. In order to rebuild, the company made a deed of trust on the mill premises, dated the sixteenth of January, 1882, to secure notes to the amount of thirty thousand dollars, each note being for one thousand dollars, due in one year. The defendant, Samuel Jacoby, who was, and for many years had been the New York factor of Bain and his mill, took ten of these notes, and some of the plaintiffs and other St. Louis parties took the…
2Cases cited2 opinions
- Rawlings v. BeanSupreme Court of Missouri · 1883
- Gray v. GraySupreme Court of Missouri · 1884
3Cited by4 opinions
- State ex rel. Shawhan v. EllisonSupreme Court of Missouri · 1918
- Hudson v. Kootenai Fox Farms Co.Idaho Supreme Court · 1928
- City of St. Louis v. SiefererSupreme Court of Missouri · 1892
- Hough v. St. Louis Car Co.Missouri Court of Appeals · 1914