Milan Bank v. Richmond
Supreme Court of Missouri
Appeal from Macon Circuit Court.— Hon. Nat M. Shelton, Judge. (1) There is no averment in the petition that the plaintiff had a right to believe the alleged statements or that he acted prudently in believing them. MeNealey v. Baldridge, 106 Mo. App. 11; Funding Co. v. Heskett, 125 Mo. App. 531; Davis v. Ins. Co., 81 Mo. App. 267; Cahn v. Reid, 18 Mo. App. 115; Lovelace v. Suter, 93. Mo.
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Appeal from Macon Circuit Court.— Hon. Nat M. Shelton, Judge. (1) There is no averment in the petition that the plaintiff had a right to believe the alleged statements or that he acted prudently in believing them. MeNealey v. Baldridge, 106 Mo. App. 11; Funding Co. v. Heskett, 125 Mo. App. 531; Davis v. Ins. Co., 81 Mo. App. 267; Cahn v. Reid, 18 Mo. App. 115; Lovelace v. Suter, 93. Mo. App. 438; Bank v. Trust Co., 179 Mo. 648. (2) The evidence fails to show any ground or reason authorizing the defendant, Richmond, to trust the alleged representations, but shows his complete opportunity to…
1Opinion of the Court
BLAIR, C.
— In January, 1906, tbe Milan Bank sued respondent on a note for seven thousand dollars signed by respondent and four others. Tbe answer admitted the bank’s incorporation and tbat respondent signed tbe note, but averred tbat be did so as surety for his son and was induced to sign by false representations of tbe bank officials to tbe effect tbat (1) tbe principal bad put up collateral notes of tbe value of $3800, and tbat among these was one note for $3585, “which was good;” (2) tbe bank bad taken a mortgage on seventy-six bead of steers which they knew belonged to tbe principal; (3)…
2Cases cited11 opinions
- Kulenkamp v. GroffMichigan Supreme Court · 1888
- Dudley v. McCluerSupreme Court of Missouri · 1877
- Smith's Administrators v. ThomasSupreme Court of Missouri · 1860
- Cooke v. NathanNew York Supreme Court · 1853
- Dendy v. Gamble & CopelandSupreme Court of Georgia · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Grant v. PendleyTexas Commission of Appeals · 1931
- Great Western Life Ins. Co. v. SparksSupreme Court of Oklahoma · 1913
- Milan Bank v. RichmondSupreme Court of Missouri · 1919
- Farm & Home Savings & Loan Ass'n v. TheissSupreme Court of Missouri · 1937
- Humphries v. Shipp Lbr. Co.Missouri Court of Appeals · 1946
7 more not listed; retrieve them via the Exa API.