Prewitt v. Martin
Supreme Court of Missouri
Appeal from, Si. Louis Oir&uit Court. I. Plaintiff’s second instruction mis-stated tbe law. It told them that to establish fraud on part of defendant they bad to find bat these three facts : 1st. That at the time of sale plaintiff did not know the amount of the money in her guardian’s hands. 2nd. That defendant did know. 3rd.
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Appeal from, Si. Louis Oir&uit Court. I. Plaintiff’s second instruction mis-stated tbe law. It told them that to establish fraud on part of defendant they bad to find bat these three facts : 1st. That at the time of sale plaintiff did not know the amount of the money in her guardian’s hands. 2nd. That defendant did know. 3rd. That defendant did not tell plaintiff, without reference- to whether he .knew or had reason to believe her to be ignorant on that point or not, and without reference to why he did not inform her, and without reference to whether or not' he was under any obligation to…
1Opinion of the CourtHough, Judge
This was an action for money loaned by plaintiff to defendant. Defendant, in his answer, denied that any loan was ever made by plaintiff to him, of the money in question, and alleged, in substance, that on September 14, 1868, he purchased from the plaintiff, and took a bill of sale for, all her interest in a certain fund, then in the hands of her guardian, the amount of which neither she nor defendant knew at the time, and that the sum received by defendant, underpaid purchase, from said guardian, was the same money alleged to have been loaned to defendant and sued for by plaintiff; that said…
2Cases cited1 opinion
- State v. PhillipsSupreme Court of Missouri · 1857
3Cited by23 opinions
- State v. FairlambSupreme Court of Missouri · 1894
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- Peppers v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Sweet v. OwensSupreme Court of Missouri · 1891
- Burgess v. Garvin Price Merc. Co.Missouri Court of Appeals · 1925
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