Legal Opinion

Big v. Vogel

Missouri Court of Appeals

Decided August 14, 2018No. WD 81215PublishedCited by 4 opinions

1Opinion of the CourtKaren King Mitchell, Chief Judge

Big A LLC (Big A) appeals the denial of its motion for judgment notwithstanding the verdict following a jury trial and judgment in favor of Paul Vogel. Big A contends that the trial court erred in denying its motion because Vogel failed to make a submissible case on his affirmative defense of fraudulent inducement. Big A asserts that, as the guarantor who accepted primary liability for the debt of another, Vogel can reasonably rely on representations pertaining only to the nature of his obligations as guarantor; he cannot avoid his obligations by alleging fraudulent inducement based on…

2Cases cited17 opinions

  1. ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.Supreme Court of Missouri · 1993
  2. Dunn Industrial Group, Inc. v. City of Sugar CreekSupreme Court of Missouri · 2003
  3. Hess v. Chase Manhattan Bank, USA, N.A.Supreme Court of Missouri · 2007
  4. Fleshner v. Pepose Vision Institute, P.C.Supreme Court of Missouri · 2010
  5. Ellison v. FrySupreme Court of Missouri · 2014

12 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Thomas Kohlbeck v. Wyndham Vacation Resorts, Inc.Court of Appeals for the Eighth Circuit · 2021
  2. Breidecker v. Garnett Wood Products Co., Inc.District Court, S.D. Illinois · 2023
  3. Denny Labantschnig v. Royal Gate, Inc.Missouri Court of Appeals · 2024
  4. SBFO Operator No. 3, LLC v. Onex CorporationDistrict Court, E.D. Missouri · 2023

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