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20 Missouri opinions name it 2 courts 1993–2024 3 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hess v. Chase Manhattan Bank, USA, N.A.green2 sentences2020See id. (liability for fraudulent non-disclosure arises from party’s silence “where the law imposes a duty to speak”). 2016Hess v. Chase Manhattan Bank, USA, N.A., 220 S.W.3d 758, 765 (Mo. banc 2007). | 4 | 5 |
Shawn Stevens v. Markirk Construction, Inc., and Kirk Jonesgreen2 sentences2024Falsity of the Representation The representation at issue, as submitted to the jury in the verdict director, is that Gould told Sanders she “would be the owner of [the house] once [Sanders] was in a more financially stable position.” Because the fraudulent misrepresentation claim was premised on a future act— Sanders becoming the owner of the house—she was required to prove “that at the time the statement was made the speaker did not intend to perform the act represented.” Stevens v. Markirk Constr., Inc., 454 S.W.3d 875, 881 (Mo. banc 2015); see also Renaissance Leasing, LLC v. Vermeer Mfg. 2023Pecos I, 655 S.W.3d at 593 (quoting Stevens v. Markirk Constr., Inc., 454 S.W.3d 875, 880 (Mo. banc 2015)). | 3 | 3 |
Clayton Brokerage Co. of St. Louis v. Pillagreen2 sentences1993Kincaid Enters., 812 S.W.2d at 900-01 ; Ross, 640 S.W.2d at 173 ; Clayton Brokerage Co. v. Pilla, 632 S.W.2d 300, 306 (Mo.App.1982). 1993Kincaid Enters., 812 S.W.2d at 900-01 ; Ross, 640 S.W.2d at 173 ; Clayton Brokerage Co. v. Pilla, 632 S.W.2d 300, 306 (Mo.App.1982). | 2 | 2 |
Renaissance Leasing, LLC v. Vermeer Manufacturing Co.green1 sentence2024Co., 322 S.W.3d 112, 133 (Mo. banc 2010). | 1 | 1 |
Trimble v. Pracnagreen1 sentence2024Trimble v. Pracna, 167 S.W.3d 706, 712 (Mo. banc 2005). | 1 | 1 |
Messina v. Greubelgreen2 sentences2022Thus, the trial court erred in granting summary judgment as to the fraudulent misrepresentation claim against KBNMI on the Third-Party Petition, where damages sought are for accrued interest on failing to pay the Notes and attorney’s fees incurred.6 As for the fraudulent misrepresentation claim against Krause, the trial court did not err in granting summary judgment. “[R]eliance should not be placed upon representations whose falsity is equally known to the parties.” Centerre Bank of Kansas City, N.A., 705 S.W.2d at 50 (citing Messina v. Greubel, 215 S.W.2d 456, 459 (Mo. 1948)). “[T]here is no 2022Thus, the trial court erred in granting summary judgment as to the fraudulent misrepresentation claim against KBNMI on the Third-Party Petition, where damages sought are for accrued interest on failing to pay the Notes and attorney’s fees incurred.6 As for the fraudulent misrepresentation claim against Krause, the trial court did not err in granting summary judgment. “[R]eliance should not be placed upon representations whose falsity is equally known to the parties.” Centerre Bank of Kansas City, N.A., 705 S.W.2d at 50 (citing Messina v. Greubel, 215 S.W.2d 456, 459 (Mo. 1948)). “[T]here is no | 1 | 1 |
Mmh v. Jpcgreen1 sentence2018See M.M.H. v. J.P.C. , 42 S.W.3d 16 , 19 (Mo. App. E.D. 2001) (finding that although the petitioners styled their petition as a fraudulent misrepresentation claim, the Court treated the claim as it was: negligent or wrongful rendering of genetic counseling health care services; petitioners are not authorized to pick a theory of recovery in order to choose a more advantageous statute of limitations). | 1 | 1 |
Urologic Surgeons, Inc. v. Bullockgreen1 sentence2015The Doe Family correctly notes that the elements of a fraudulent misrepresentation claim are: “(1) a false, material representation, 13 (2) the speaker’s knowledge of its falsity or his, .ignorance of the truth, (3). the speaker’s intent that the hearer act upon the representation in a manner reasonably contemplated, (4) the hearer’s ignorance of the falsity of the representation, (5) the hearer’s reliance on its truth, (6) the hearer’s right to rely thereon, and (7) the hearer’s consequent and proximately caused injury.” Urologic Surgeons, Inc. v. Bullock, 117 S.W.3d 722, 725-26 (Mo.App.E.D.2 | 1 | 1 |
Bohac v. Walshgreen1 sentence2014Bohac v. Walsh, 223 S.W.3d 858, 863 (Mo. App. 2007). "[A]n unkept promise does not constitute 1 The fraudulent misrepresentation claim was submitted to the jury by separate verdict directors against Jones and Damar, and the jury separately found in favor of both defendants. | 1 | 1 |
Botanicals on the Park, Inc. v. Microcode Corp.green1 sentence2006Botanicals on the Park, Inc. v. Microcode Corp., 7 S.W.3d 465, 468 (Mo.App. | 1 | 1 |
Williams v. Williamsgreen1 sentence2005Cf. Williams, 99 S.W.3d at 556 (finding of only nominal damages is not sufficient to support punitive damages because actual damages are a necessary element of a fraudulent misrepresentation claim). | 1 | 1 |
Simpkins v. Ryder Freight System, Inc.green1 sentence2005Nominal damages “vindicate an invasion of right that otherwise would go without redress,” Simpkins v. Ryder Freight Sys., Inc., 855 S.W.2d 416, 422 (Mo.App. | 1 | 1 |
Joel Bianco Kawasaki Plus v. Meramec Valley Bankgreen1 sentence2003The elements necessary to prove a fraudulent misrepresentation claim are: a representation; its falsity; its materiality; the speaker's knowledge of its falsity; his intent that it be acted on by the hearer and in the manner reasonably contemplated; the hearer’s ignorance of its falsity; his reliance on its truth; his right to rely thereon; and his consequent and proximate injury- Joel Bianco Kawasaki Plus v. Meramec Valley Bank, 81 S.W.3d 528, 536 (Mo. banc 2002). | 1 | 1 |
Clark v. Olsongreen1 sentence1994See Clark v. Olson, 726 S.W.2d 718, 719 (Mo. banc 1987) (listing elements of a fraudulent misrepresentation claim). | 1 | 1 |
Grosser v. Kandel-Iken Builders, Inc.green1 sentence1994See Grosser v. Kandel-Iken Builders, Inc., 647 S.W.2d 911, 914 (Mo.App.1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jones v. Rennie
green
2 sentences2003Id. 1999This Court concluded that Jones could not bring a fraudulent misrepresentation claim against defendant because “[a]ll of defendant’s dealings were with Jones in his capacity as president and 100% shareholder of TSE and not in his individual capacity.” Id. | 2 | 1999–2003 |
Kincaid Enterprises, Inc. v. Porter
green
2 sentences1993Kincaid Enters., 812 S.W.2d at 900-01 ; Ross, 640 S.W.2d at 173 ; Clayton Brokerage Co. v. Pilla, 632 S.W.2d 300, 306 (Mo.App.1982). 1993Kincaid Enters., 812 S.W.2d at 900-01 ; Ross, 640 S.W.2d at 173 ; Clayton Brokerage Co. v. Pilla, 632 S.W.2d 300, 306 (Mo.App.1982). | 2 | 1993–1993 |
Miller v. Ranson and Company
green
2 sentences1993Miller, 407 S.W.2d at 53-54 ; J.A. 1993Miller, 407 S.W.2d at 53-54 ; J.A. | 2 | 1993–1993 |
Ross v. Holton
green
2 sentences1993Kincaid Enters., 812 S.W.2d at 900-01 ; Ross, 640 S.W.2d at 173 ; Clayton Brokerage Co. v. Pilla, 632 S.W.2d 300, 306 (Mo.App.1982). 1993Kincaid Enters., 812 S.W.2d at 900-01 ; Ross, 640 S.W.2d at 173 ; Clayton Brokerage Co. v. Pilla, 632 S.W.2d 300, 306 (Mo.App.1982). | 2 | 1993–1993 |
Centerre Bank of Kansas City, N.A. v. Distributors, Inc.
green
1 sentence2022Thus, the trial court erred in granting summary judgment as to the fraudulent misrepresentation claim against KBNMI on the Third-Party Petition, where damages sought are for accrued interest on failing to pay the Notes and attorney’s fees incurred.6 As for the fraudulent misrepresentation claim against Krause, the trial court did not err in granting summary judgment. “[R]eliance should not be placed upon representations whose falsity is equally known to the parties.” Centerre Bank of Kansas City, N.A., 705 S.W.2d at 50 (citing Messina v. Greubel, 215 S.W.2d 456, 459 (Mo. 1948)). “[T]here is no | 1 | 2022–2022 |
Ringstreet Northcrest, Inc. v. Bisanz
green
1 sentence2009Hess, 220 S.W.3d at 765-68 ; Ring-street, 890 S.W.2d at 720-25 . | 1 | 2009–2009 |
Bowers v. S-H-S Motor Sales Corp.
green
1 sentence2008In arguing that the trial court erred in finding Instruction Number 14 was mi- *638 proper, MIS argues that the “principal objection ... was that the phrase ‘one or both plaintiffs’ was improper and that an agency instruction should have been given.” Citing Bowers v. S-H-S Motor Sales Corp., 481 S.W.2d 584 (Mo.App.1972), MIS then argues that “an agency instruction was not required in the underlying case because agency was never denied.” It may well be true that it is unnecessary to establish the elements of a fraudulent misrepresentation claim individually as to each defendant, in particular c | 1 | 2008–2008 |
ITT Commercial Finance Corp. v. Mid-America Marine Supply Corp.
green
1 sentence2002Id. at 386 . | 1 | 2002–2002 |
Around the World Importing, Inc. v. Mercantile Trust Co.
green
1 sentence1999Again, this Court concluded that Westhoelter and Gerhardt could not bring a fraudulent misrepresentation claim against defendant because the loan was made to ATW and defendant “dealt with Westhoelter and Gerhardt as representatives of ATW and not as individuals.” Id. at 91 . | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.