Serrano v. Miller & Teasdale Commission Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Jas. R. Kinealy, Judge. (1) An action for deceit or fraudulent representations can not be maintained in the absence of proof that the party making the representations believed, at the time he made them, that they were false, and knowing them to be false, intended that the party to whom they Avere made should act upon them, or that the party making them assumed actual knowledge of their truth though conscious he had no such…
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. Jas. R. Kinealy, Judge. (1) An action for deceit or fraudulent representations can not be maintained in the absence of proof that the party making the representations believed, at the time he made them, that they were false, and knowing them to be false, intended that the party to whom they Avere made should act upon them, or that the party making them assumed actual knowledge of their truth though conscious he had no such knoAvledge. There must be proof of the scienter. Walsh v. Morse, 80 Mo. 568; Jolliffe v. Collins, 21 Mo. 338; Koontz v.…
1Opinion of the CourtNortoni, J.
(after stating the facts). — The criticism is that the instructions failed to require the jury to find the scienterThat there must be scienter, either actual or constructive, in order to support an action at law for deceit, is beyond question. The false representation may be made scienter in contemplation of law if the other elements of liability are present in one of three ways.
First. A false representation made with the knowledge of its falsity by the utterer is scienter in law and *195therefore proof that the party made the false representation concerning a material fact with knowledge that…
2Cases cited20 opinions
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Converse v. BlumrichMichigan Supreme Court · 1866
- Knappen v. FreemanSupreme Court of Minnesota · 1891
- Hubbard v. WeareSupreme Court of Iowa · 1890
- Dunn v. WhiteSupreme Court of Missouri · 1876
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wilson v. MurchMissouri Court of Appeals · 1962
- Darks v. Scudder-Gale Grocer Co.Missouri Court of Appeals · 1910
- Peters v. LohmanMissouri Court of Appeals · 1913
- Duncan v. TurnerMissouri Court of Appeals · 1913
- Snider v. McAteeMissouri Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.