Moeckel v. Heim
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L„ Scarritt, Judge. (1) We contend on the facts shown by the evidence, that plaintiff did not make a note, but that the instrument was obtained from her by fraud and false statements and pretenses; that defendants and their agents not only used the husband Bruno MoOckel as a “mere conduit” for the purpose of conveying their fraudulent schemes to the ears of the wife, plaintiff herein, but coerced him by the fear of criminal…
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Appeal from Jackson Circuit Court. — Hon. E. L„ Scarritt, Judge. (1) We contend on the facts shown by the evidence, that plaintiff did not make a note, but that the instrument was obtained from her by fraud and false statements and pretenses; that defendants and their agents not only used the husband Bruno MoOckel as a “mere conduit” for the purpose of conveying their fraudulent schemes to the ears of the wife, plaintiff herein, but coerced him by the fear of criminal prosecution for embezzlement, into acting as their agent in obtaining the property of the wife. The court erred "in refusing…
1Opinion of the CourtSherwood, J.
This cause has been transferred to-this court by the Kansas City court of appeals.
We adhere to the ruling announced in Henry v. Sneed, 99 Mo. 407, that where a husband is made the-conduit and mouthpiece of the fraud of others, and in furtherance of that fraud prevails upon his wife to sign a note and incumber her property, that there a court of equity, in the absence of other evidence, in order to unearth that fraud and to expose it in all of its details, will, ex necessitate rei, and upon a familiar common law principle, respecting evidence of fraud, permit both husband and wife to testify…
2Cases cited2 opinions
- Henry v. SneedSupreme Court of Missouri · 1889
- Utassy v. GiedinghagenSupreme Court of Missouri · 1895
3Cited by10 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Fraser v. United StatesCourt of Appeals for the Sixth Circuit · 1944
- Brooks v. BrooksSupreme Court of Missouri · 1948
- Thomas v. HalsellSupreme Court of Oklahoma · 1917
- Cramer v. HurtSupreme Court of Missouri · 1900
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