Jobes v. Wilson
Missouri Court of Appeals
Appeal from. Christian Circuit Court. — Eon, John T. Moore, Judge. (1) Fraud, in the legal acceptation, can exist only where there were representations of existing or past existing facts. It never consists in promises or agreements as to future conduct. Instruction Number T given for respondents is a flagrant violation of this settled and salutary rule. Morris v. McNahan, 75 Mo.
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Appeal from. Christian Circuit Court. — Eon, John T. Moore, Judge. (1) Fraud, in the legal acceptation, can exist only where there were representations of existing or past existing facts. It never consists in promises or agreements as to future conduct. Instruction Number T given for respondents is a flagrant violation of this settled and salutary rule. Morris v. McNahan, 75 Mo. App. 498; Nichols v. Stevens, 123 Mo. 117; Estes v. Shoe Co., 155 Mo. 588; Bullock v. Woodridge, 42 Mo. App. 361; Davidson v. Hobson, 59 Mo.- App. 136; Poindexter v. McDowell, 110 Mo. App. 234; Crim v. Crim, 162 Mo.…
1Opinion of the CourtGray, J.
Tbis is a suit on a promissory note, dated April 2, 1906, for $1,067, due July 1, 1907, payable to A. J. Ream & Company, at tbe Bank of Nixa, Mo., and with interest at six per cent per annum before maturity, and eight per cent after maturity, payable annually, and signed by tbe respondents. .On tbe note are tbe following endorsements: “April 2, 1906, paid $230.00. Without recourse, A. J. Ream & Co.”
Tbe appellant sued on the note in tbe Christian Circuit Court, and claimed that be bought tbe same in June, 1906, with two other notes of tbe same amounts, with tbe same credits endorsed thereon,…
2Cases cited12 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Hodge v. SmithWisconsin Supreme Court · 1907
- Estate of Huffman v. HuffmanMissouri Court of Appeals · 1908
- Buffham v. City of RacineWisconsin Supreme Court · 1870
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3Cited by5 opinions
- Bank of Polk v. WoodMissouri Court of Appeals · 1915
- Hill v. DillonMissouri Court of Appeals · 1913
- Birch Tree State Bank v. DowlerMissouri Court of Appeals · 1912
- Miller v. Peoples Saving BankMissouri Court of Appeals · 1916
- Hill v. DillonMissouri Court of Appeals · 1910