American Paper Produce Co. v. Carroll
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Franh Landwehr, Judge. (1) Fraud consists in bad intent, wbich must be alleged and proved. Moss v. Riddle, 5 Crancb (U. S.) 351. (2) Burden of proof to establish fraud is upon the one charging it.
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Appeal from St. Louis City Circuit Court. — Eon. Franh Landwehr, Judge. (1) Fraud consists in bad intent, wbich must be alleged and proved. Moss v. Riddle, 5 Crancb (U. S.) 351. (2) Burden of proof to establish fraud is upon the one charging it. Bigelow o;'_ Fraud (Ed. 1877) p. 57; Anderson v. McPilce, 86 Mo. 300; Smith on Fraud (1907 Ed.) sec. 267, p. 290. (3) Fraud is not to be presumed, and if conduct in question is equally consistent with good faith and honesty it will not he held fraudulent. (4) Knowledge of falsity, in the matter charged, is essential to fraud; so, without allegation…
1Opinion of the Court
In this action the plaintiff demands damages for breach of contract. In 1917 the plaintiff was engaged in the manufacture and sale of paper products, in the City of Saint Louis. The defendants conducted a drayage and express business. November first, 1917, the plaintiff and the defendants entered into a contract whereby the defendants, for a consideration of four and one-half cents per hundred pounds, agreed to haul, for three years from that date, the finished products of the plaintiff to any place in the cities of Saint Louis and East Saint Louis, as directed by the plaintiff.
Plaintiff's…
2Cases cited3 opinions
- Adams v. BarberMissouri Court of Appeals · 1911
- Kreitz v. EgelhoffSupreme Court of Missouri · 1910
- Bushnell v. BoyersMissouri Court of Appeals · 1909
3Cited by2 opinions
- James v. TurilliMissouri Court of Appeals · 1971
- McAlpine Company v. GrahamMissouri Court of Appeals · 1959