Reed v. Bott
Supreme Court of Missouri
Appeal from Scotland Circuit Court.—Hon. B. E. Turner, Judge. (1) All of the evidence of the plaintiff was introduced upon the hypothesis and for the purpose of showing that John A. Bott purchased the lands, paid for them with his own money, that the title bond was made to him, that he was the obligee therein, that the name inserted therein was the name of the defendant, John A. Bott, and not the name of his father, John Bott, that the note was the note of John A. Bott, the…
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Appeal from Scotland Circuit Court.—Hon. B. E. Turner, Judge. (1) All of the evidence of the plaintiff was introduced upon the hypothesis and for the purpose of showing that John A. Bott purchased the lands, paid for them with his own money, that the title bond was made to him, that he was the obligee therein, that the name inserted therein was the name of the defendant, John A. Bott, and not the name of his father, John Bott, that the note was the note of John A. Bott, the defendant, and not the note of his father, John Bott, that the defendant, John A. Bott, paid the note and not his…
1DissentBarclay, J.
(dissenting).—With the greatest respect for the views expressed in the opinion of the court in this cause, they yet seem to me to fall short of being convincing. The point on which the result is found to turn is one of pleading. It is ruled by the majority of the court that a general allegation of fraud is not sufficient in such a case as this, to support a finding, after a trial of that issue and a decree thereon in the circuit court. This ruling necessarily involves the general construction to be placed upon our statute of amendments (R, S. 1879, ch. 59, art. 6), and seems to me of such…
2Cases cited8 opinions
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Young v. GlascockSupreme Court of Missouri · 1883
- Merrill v. City of St. LouisSupreme Court of Missouri · 1884
- Heath v. GoslinSupreme Court of Missouri · 1883
- Fox v. WebsterSupreme Court of Missouri · 1870
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