Rigler v. Reid
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. William M. Kinsey, Judge. The decree is erroneous: (a) Representations by appellant even if tbey turned out to be false are still not fraudulent and therefore not actionable if believed by Mm (tbe vendor) to be true.
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Appeal from St. Louis City Circuit Court.— Hon. William M. Kinsey, Judge. The decree is erroneous: (a) Representations by appellant even if tbey turned out to be false are still not fraudulent and therefore not actionable if believed by Mm (tbe vendor) to be true. Bank v. ILutton, 224 Mo. 70. (b) Even though the statements turned out to be false and were relied on, respondent (the vendee) must still have investigated to hold appellant (the vendor) liable, having opportunity to do so. Porter v. Railroad, 148 S. W. 164; Fund Co. v. Heskett, 125 Mo. App. 516; Jones v. Rush, 156 Mo. 364;…
1Opinion of the CourtNqrtoni, J.
— This is a suit on a promissory note, but the important question for consideration relates to the equitable defense set forth in the cross-bill. The answer and cross-bill charge the note was induced through fraudulent representations on the part of plaintiff, avers defendant rescinded the contract on discovery of the fraud, and prays the court for a decree of rescission touching the note and the contract of purchase for which it was given. The finding and judgment were for defendant and plaintiff prosecutes the appeal.
It appears that plaintiff, one-Bloomer and Williamson were conducting a…
2Cases cited6 opinions
- Estes v. ReynoldsSupreme Court of Missouri · 1882
- Taylor v. ShortSupreme Court of Missouri · 1891
- Hart v. HandlinSupreme Court of Missouri · 1869
- Long v. International Vending Machine Co.Missouri Court of Appeals · 1911
- Harms v. WolfMissouri Court of Appeals · 1905
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3Cited by5 opinions
- Bernard H. Pinken v. Dan R. FrankCourt of Appeals for the Eighth Circuit · 1983
- Hymer v. Dude Hinton Pontiac, Inc.Missouri Court of Appeals · 1960
- Bellows v. PorterCourt of Appeals for the Eighth Circuit · 1953
- Eastridge v. Kennett Cypress & Hardwood Lumber Co.Missouri Court of Appeals · 1915
- Syme-Eagle & Co. v. Joplin Grocer Co.Missouri Court of Appeals · 1921