First National Bank v. Fry
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The debts sued for in this case were fraudulently contracted by reason of tbe misrepresentations and concealments of his financial condition by the defendant. Bank v. Phillips, 22 Mo. 85; Blackwell v. Fry, 49 Mo.
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Appeal from Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The debts sued for in this case were fraudulently contracted by reason of tbe misrepresentations and concealments of his financial condition by the defendant. Bank v. Phillips, 22 Mo. 85; Blackwell v. Fry, 49 Mo. App. 638. (2) “'Where one intentionally misrepresents a material fact, or produces a false impression in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage over him, it will constitute actual or positive fraud in the truest sense of the terms. And the misrepresentation is not…
1Opinion of the CourtGantt, J.
— This action was instituted by attachment in the circuit court of Clinton county, on June 25, 1898, on four promissory notes executed by defendant to plaintiff, aggregating $4,884 exclusive of interest. A change of venue was awarded to Daviess county, and in December, 1898, was tried on a plea in abatement before a jury, who returned a verdict for defendant on that issue, and after an unsuccessful effort to obtain a new trial and after judgment for plaintiff on the notes, the plaintiff appealed to this court:
The grounds alleged for attachment were: that the defendant had fraudulently…
2Cases cited15 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Benne v. SchneckoSupreme Court of Missouri · 1889
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- McCoy v. HyattSupreme Court of Missouri · 1883
- Hammons v. RenfrowSupreme Court of Missouri · 1884
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3Cited by12 opinions
- Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
- United States v. HutchersonCourt of Appeals for the Eighth Circuit · 1951
- Frost v. FrostSupreme Court of Missouri · 1906
- First National Bank v. FrySupreme Court of Missouri · 1909
- Wimbush v. DanfordSupreme Court of Missouri · 1922
7 more not listed; retrieve them via the Exa API.