England v. Houser
Missouri Court of Appeals
Appeal from Barry County Circuit Court. — Now. Carr McNatt, Judge. 1. Where a business, man possessed of ability and opportunity to know what he was signing, takes the word of an utter stranger as to the contents of the instrument without reading or having it read, and signs the same, he is careless, and the court cannot be his guardian though the other party may be guilty of fraud. Breeder’s Co. v. Wright, 134 Mo. App. 717; Horne Ins. Co. v. Winn, 125 Mo.
Read the full summary
Appeal from Barry County Circuit Court. — Now. Carr McNatt, Judge. 1. Where a business, man possessed of ability and opportunity to know what he was signing, takes the word of an utter stranger as to the contents of the instrument without reading or having it read, and signs the same, he is careless, and the court cannot be his guardian though the other party may be guilty of fraud. Breeder’s Co. v. Wright, 134 Mo. App. 717; Horne Ins. Co. v. Winn, 125 Mo. App. 384; Breeder’s Co. v. Weight, 139 Mo. App. 195; Phelps v. Jones, 141 Mo. App. 223. (2) Merely falsely representing to a man in…
1Opinion of the CourtSturgis, J.
1. The first appeal in this case is reported in 163 Mo. App. 1, (145 S. W. 514). It appears that the case was1 retried on the same pleadings as nothing is said in this record as to any amended pleading being filed. It will not be necessary to set out the pleadings or facts in full as the reader is referred to the former opinion. The suit is on a written contract-order signed by defendant, which is' set out in the former opinion, for a tombstone to be placed at his wife’s grave. The evidence for plaintiff on this trial is, practically the same as before and shows the same state of facts…
Also in this document: Concurrence.
2Cases cited34 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
29 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mount Vernon Car Manufacturing Co. v. Hirsch Rolling Mill Co.Supreme Court of Missouri · 1920
- Dowd v. Lake Sites, Inc.Supreme Court of Missouri · 1955
- Meyer v. WeberMissouri Court of Appeals · 1937
- Motor Transportation Springfield v. Orval Davis Tire Co.Missouri Court of Appeals · 1979
- Supreme Lodge Knights of Pythias v. DalzellMissouri Court of Appeals · 1920
3 more not listed; retrieve them via the Exa API.