Caspari v. First German Church
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. Advice, persuasion or entreaty does not constitute undue influence, and will not vitiate a gift made freely and from conviction of its propriety, though, such gift might never have been made but for such advice, persuasion or entreaty. Howe v. Howe, 99 Mass. 99 ; Children’s Aid Soc. v. Loveridge, 70 N. T. 394; Breck v. Breck, 66 N. T. 144;. Zimmerman v. Zimmerman, 23 Pa.
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Appeal from St. Louis Court of Appeals. Advice, persuasion or entreaty does not constitute undue influence, and will not vitiate a gift made freely and from conviction of its propriety, though, such gift might never have been made but for such advice, persuasion or entreaty. Howe v. Howe, 99 Mass. 99 ; Children’s Aid Soc. v. Loveridge, 70 N. T. 394; Breck v. Breck, 66 N. T. 144;. Zimmerman v. Zimmerman, 23 Pa. St. 375 ; Joe v. McCord, 74 111. 44; Sutton v. Sutton, 5 Has. 459 ; McDaniel v. Crosby,, 19 Ark. 533. There was in this case no other degree of confidence or influence between the…
1Opinion of the CourtNorton, J.
This suit was brought to set aside a gift made by plaintiff to defendant of a note for $4,000 bn the ground that the gift was obtained by fraud. The circuit court rendered judgment for plaintiff from which defendant a;; pealed to the St. Louis court of aj peals, where the judgment of the circuit court was affirmed, from which judgment •defendant has appealed to this court.
A careful examination of the evinence shows that it establishes the following facts: that the pastor of defendant church was the spiritual and business adviser of the plaintiff, and that she had the utmost confidence and…
2Cases cited5 opinions
- Cadwallader v. WestSupreme Court of Missouri · 1871
- Ranken v. PattonSupreme Court of Missouri · 1877
- Bradshaw v. YatesSupreme Court of Missouri · 1877
- Ford v. HennessySupreme Court of Missouri · 1879
- Caspari v. First German Church of New JerusalemMissouri Court of Appeals · 1882
3Cited by6 opinions
- Matter of Estate of MaherasSupreme Court of Oklahoma · 1995
- Cornet v. CornetSupreme Court of Missouri · 1913
- Nelson v. DodgeSupreme Court of Rhode Island · 1949
- Tibbe v. KampSupreme Court of Missouri · 1900
- Helling v. United Order of HonorMissouri Court of Appeals · 1888
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