Birch Tree State Bank v. Dowler
Missouri Court of Appeals
Appeal from Shannon Circuit Court. — Eon. W. N. Evans, Judge. (1) Instruction No. 1 given on part of the defendant was erroneous because, first, scienter being the gist of defendant’s defense on a charge of fraud and misrepresentation, the instruction should have told the jury that if the representations made to the defendant were false, the defendant must have believed them to be true. Snyder v. Stemmons, 151 Mo. App, 156; Woods v. Letton, 111 Mo.
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Appeal from Shannon Circuit Court. — Eon. W. N. Evans, Judge. (1) Instruction No. 1 given on part of the defendant was erroneous because, first, scienter being the gist of defendant’s defense on a charge of fraud and misrepresentation, the instruction should have told the jury that if the representations made to the defendant were false, the defendant must have believed them to be true. Snyder v. Stemmons, 151 Mo. App, 156; Woods v. Letton, 111 Mo. App. 51; Cement Co. v. Stewart, 103 Mo. App. 182; Lovelace v. Suter, 93 Mo. App. 429. Second, the instruction refers to the fraud and…
1Opinion of the CourtCox, J.
Action upon a promissory note given by defendant to one W. H. Hurt and by him endorsed without recourse to plaintiff. The defense was fraud and want of consideration. In reply to this, plaintiff *68claimed to be an innocent purchaser for value before matured. Trial by jury, judgment for defendant and plaintiff has appealed.
Instruction No. 1 for defendant given by the court was as follows: ‘ ‘ The court instructs the jury that if you should find from the evidence that the note sued on was without consideration and that it was obtained by fraud and misrepresentation as alleged by the defendant…
2Cases cited9 opinions
- McGinnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Webb v. CarterMissouri Court of Appeals · 1906
- Sinnamon v. MooreMissouri Court of Appeals · 1912
- First State Bank v. HammondMissouri Court of Appeals · 1904
- Johnson County Savings Bank v. MillsMissouri Court of Appeals · 1910
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3Cited by6 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Hill v. DillonMissouri Court of Appeals · 1913
- Estep v. BrattonCourt of Appeals of Texas · 1927
- Baker v. LyellMissouri Court of Appeals · 1922
- Carney v. United Railways Co.Missouri Court of Appeals · 1920
1 more not listed; retrieve them via the Exa API.