Callan v. Callan
Supreme Court of Missouri
Appeal from Barry Circuit Court. — Hon. Henry G. Pepper, Judge. (1) In an action to recover damages for false and fraudulent representation, the intentional deceit is necessary to be found. But this appears from knowingly misstating a material fact, knowing that it was acted on from a belief in its truth, without any fault or negligence on the part of the person so acting. The known falsity of a representation is strong evidence of a purpose to practice a fraud.
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Appeal from Barry Circuit Court. — Hon. Henry G. Pepper, Judge. (1) In an action to recover damages for false and fraudulent representation, the intentional deceit is necessary to be found. But this appears from knowingly misstating a material fact, knowing that it was acted on from a belief in its truth, without any fault or negligence on the part of the person so acting. The known falsity of a representation is strong evidence of a purpose to practice a fraud. Brookin v. Shinn, 25 Mo. App. 277; Jollifee v. Collins, 21 Mo. 342; Peers v. Davis, Admr., 29 Mo. 189. The general rule is that when…
1Opinion of the Court
BURGESS, J. J.
— This is an action for five thousand five hundred dollars damages alleged to have been sustained by plaintiff by reason of fraud and deceit practiced upon her by defendant, in the procurement of a deed from her and inducing her. to accept from him a conveyance of sixty acres of land of an inadequate and misrepresented value. The transaction out of which this litigation grew took place on the third day of October, 1893. This suit was begun on the 17th day of January, 1899.
The petition, leaving off the formal parts, is as follows:
“Plaintiff states that she and defendant are…
2Cases cited7 opinions
- Felix v. PatrickSupreme Court of the United States · 1892
- Hardt v. HeidweyerSupreme Court of the United States · 1894
- McKneely v. TerrySupreme Court of Arkansas · 1896
- Underhill v. Mobile Fire Department InsuranceSupreme Court of Alabama · 1880
- Ware v. Galveston City Co.Supreme Court of the United States · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Monmouth College v. DockerySupreme Court of Missouri · 1912
- Brown v. GrinsteadMissouri Court of Appeals · 1923
- Brown v. Irving-Pitt Manufacturing Co.Supreme Court of Missouri · 1927
- Central Bank v. ThayerSupreme Court of Missouri · 1904
- State ex rel. O'Malley v. MusickMissouri Court of Appeals · 1910
6 more not listed; retrieve them via the Exa API.