Dyer v. Cowden
Missouri Court of Appeals
Appeal from Greene County Circuit Court, Division Number Two. —B on. A If red Page, Judge. (1) If there was oral evidence tending to show that the amount of the stock of goods was misrepresented by plaintiff to defendant and that defendant acted upon said misrepresentations, he was entitled to have that evidence passed on by a jury and the court erred in taking the case from the jury.
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Appeal from Greene County Circuit Court, Division Number Two. —B on. A If red Page, Judge. (1) If there was oral evidence tending to show that the amount of the stock of goods was misrepresented by plaintiff to defendant and that defendant acted upon said misrepresentations, he was entitled to have that evidence passed on by a jury and the court erred in taking the case from the jury. Owens v. Rector, 4A Mo. 389; 2 Thompson on Trials (2 Ed.), secs. 1947-1949. (2) Where, in a law case, there is any evidence, which if true, would establish any one of the defenses pleaded in the answer, it…
1Opinion of the Court
OPINION.
FARRINGTON, J.
The burden of proving fraud inducing the contract was of course on the defendant, the party asserting it, and when at the close, of the evidence in the case the court gave a directed verdict for the plaintiff, it amounted to the sustaining of a demurrer to the defendant’s evidence. It is as if the court had said: Looking to your evidence alone and admitting to be true everything you have said and giving every inference that can be deduced from your testimony a fair construction in your favor and giving your testimony every reasonable intendment in order to ascertain your…
Also in this document: Concurrence.
2Cases cited25 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Jackson v. HardinSupreme Court of Missouri · 1884
- Judd v. WalkerSupreme Court of Missouri · 1908
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Johnson v. GraysonSupreme Court of Missouri · 1910
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3Cited by4 opinions
- Wainscott v. HaleyMissouri Court of Appeals · 1914
- Scott v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915
- Devero v. SparksMissouri Court of Appeals · 1915
- Robinson v. Moark-Nemo Consolidated Mining Co.Missouri Court of Appeals · 1914