Myers v. Adler
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Hon. Jos. A. Guthrie, Judge. (1) Defendant was bound to exercise ordinary care to correctly ascertain and accurately report to plaintiffs the facts about tbe Kansas farm. Switzer v. Connett, 11 Mo. 88, 89 ; 31 Cyc. 1456,1459, 1460'; 4 Am. & Eng. Ency. Law (2 Ed.), 968. (2) Defendant was in a fiduciary relation to plaintiffs and was bound to act with tbe utmost loyalty and good faitb. Failure to do so renders bim liable.
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Appeal from Jackson Circuit Court.—Hon. Jos. A. Guthrie, Judge. (1) Defendant was bound to exercise ordinary care to correctly ascertain and accurately report to plaintiffs the facts about tbe Kansas farm. Switzer v. Connett, 11 Mo. 88, 89 ; 31 Cyc. 1456,1459, 1460'; 4 Am. & Eng. Ency. Law (2 Ed.), 968. (2) Defendant was in a fiduciary relation to plaintiffs and was bound to act with tbe utmost loyalty and good faitb. Failure to do so renders bim liable. Van Raalte v. Epstein, 202 Mo. 173; Anderson v. "Wheeler, 125 Mo. App. 406; Dennison v. Aldrich, 114 Mo. App. 700, 708; Switzer v. Connett,…
1Opinion of the CourtTrimble, J.
Herein an agent is sued by his principals for loss occasioned by the alleged violation of the agent’s duty to them. The trial court sustained an objection to the introduction of evidence on the ground that the petition stated no facts sufficient to constitute a cause of action. Thereupon, in due time, plaintiffs appealed.
Where no demurrer has been filed, but the attack is made on the petition by an objection to the introduction of evidence after the trial has begun, the pleading is entitled to the benefit of every intendment in its favor. [Downs v. Andrews, 145 Mo. App. 173.] To justify such…
2Cases cited21 opinions
- McGaw v. Acker, Merrall & Condit Co.Court of Appeals of Maryland · 1909
- Stonemets v. HeadSupreme Court of Missouri · 1913
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Logan v. Wabash RailroadMissouri Court of Appeals · 1902
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3Cited by19 opinions
- Edwards v. SmithSupreme Court of Missouri · 1959
- Carver v. LykesSupreme Court of North Carolina · 1964
- American Mortgage Investment Co. v. Hardin-Stockton Corp.Missouri Court of Appeals · 1984
- Miller v. HigginsSupreme Court of Missouri · 1970
- Johnson v. Mercantile Trust Company National Ass'nSupreme Court of Missouri · 1974
14 more not listed; retrieve them via the Exa API.