honest error in Missouri

2020In Huch v. Charter Communications, Inc., 290 S.W.3d 721 (Mo. banc 2009), our Supreme Court stated: 2 All rule references are to Missouri Court Rules (2020). 4 When evaluating the rationale behind this rule of law, courts emphasize that a person who, induced thereto solely by a mistake of law, has conferred a benefit upon another to satisfy in whole or in part an honest claim of the other to the performance given, is not entitled to restitution.

1986It follows that an honest claim of right is also a defense to a charge of burglary based on entry of a building with the intent to steal.” (Emphasis added.) In Butler, supra, the building burglarized was a storage building owned by National Byproducts.

1963So long as the physician properly exercises his skill and the requisite degree of care, he is not liable for an honest error of judgment.” ( 316 S.W.2d 1 . c. 510).

1960The next assignment challenges the sufficiency of the information upon the ground that it did not contain an allegation that the acts were committed by defendant "with intent to convert the same to his own use without an honest claim to said money or property on the part of the defendant, and with felonious intent to permanently deprive the said Walter Diessl of his ownership therein and without the consent of the said Walter Diessl." In considering a similar contention we recently stated that it is "unnecessary to allege a felonious intent on the part of the defendants to convert the money to

1960The next assignment challenges the sufficiency of the information upon the ground that it did not contain an allegation that the acts were committed by defendant “with intent to convert the same to his own use without an honest claim to said money or property on the part of the defendant, and with felonious intent to permanently deprive the said Walter Diessl of his ownership therein and without the consent of the said Walter Diessl.” In considering a similar contention we recently stated that it is “unnecessary to allege a felonious intent on the part of the defendants to convert the money to

1958Gore v. Brockman, 138 Mo.App. 231 , 119 S.W. 1082 ; Gottschall v. *511 Geiger, 207 Mo.App. 89 , 231 S.W. 87 ; Fausette v. Grim, 193 Mo.App. 585 , 186 S.W. 1177 ; Bailey v. St.

1958Gore v. Brockman, 138 Mo.App. 231 , 119 S.W. 1082 ; Gottschall v. *511 Geiger, 207 Mo.App. 89 , 231 S.W. 87 ; Fausette v. Grim, 193 Mo.App. 585 , 186 S.W. 1177 ; Bailey v. St.

1958Gore v. Brockman, 138 Mo.App. 231 , 119 S.W. 1082 ; Gottschall v. *511 Geiger, 207 Mo.App. 89 , 231 S.W. 87 ; Fausette v. Grim, 193 Mo.App. 585 , 186 S.W. 1177 ; Bailey v. St.

1958Gore v. Brockman, 138 Mo.App. 231 , 119 S.W. 1082 ; Gottschall v. *511 Geiger, 207 Mo.App. 89 , 231 S.W. 87 ; Fausette v. Grim, 193 Mo.App. 585 , 186 S.W. 1177 ; Bailey v. St.

1958Gore v. Brockman, 138 Mo.App. 231 , 119 S.W. 1082 ; Gottschall v. *511 Geiger, 207 Mo.App. 89 , 231 S.W. 87 ; Fausette v. Grim, 193 Mo.App. 585 , 186 S.W. 1177 ; Bailey v. St.

1958Gore v. Brockman, 138 Mo.App. 231 , 119 S.W. 1082 ; Gottschall v. *511 Geiger, 207 Mo.App. 89 , 231 S.W. 87 ; Fausette v. Grim, 193 Mo.App. 585 , 186 S.W. 1177 ; Bailey v. St.

1954Snay v. Lovely (1931) 276 Mass. 159 , 176 NE 791 .” *1038 In Reed v. St.

1954Snay v. Lovely (1931) 276 Mass. 159 , 176 NE 791 .” *1038 In Reed v. St.

1930Furthermore it has been held that a charge of fraud cannot be predicated on an honest error in statement of the law." [26 C.J. 1207.] To the same effect see Security Savings Bank v. Kellems, 9 S.W.2d 967 ; Allgood v. Tarkio Electric Water Co., 6 S.W.2d 51 ; Gilmore v. Ozark Mutual Ass'n, 21 S.W.2d 633 .

1930However, an exception to this rule is recognized if the statement is made by one learned in the law: "Redress may likewise be had if one party possessed superior knowledge and took advantage of the other party's ignorance of the law to mislead him by studied concealment or by misrepresentation." [26 C.J. 1209; Security Savings Bank v. Kellems, supra.] In the case before us the adjuster was a lawyer; but we attach no importance to that fact, because the plaintiff did not know he was a lawyer and therefore could not have relied upon his superior knowledge.

1930Furthermore it has been held that a charge of fraud cannot be predicated on an honest error in statement of the law." [26 C.J. 1207.] To the same effect see Security Savings Bank v. Kellems, 9 S.W.2d 967 ; Allgood v. Tarkio Electric Water Co., 6 S.W.2d 51 ; Gilmore v. Ozark Mutual Ass'n, 21 S.W.2d 633 .

1914Barring this, which we consider trivial, the estimate stated in the total was what the engineer intended it to be and was thoroughly understood by the council for whose benefit and consideration the estimate is made. [City of Boonville v. Stephens, 238 Mo. 339 ; Webb City v. Aylor, 163 Mo. App. 155 .] By the terms of the statute itself it is a paper to be “submitted to the board of aldermen.” The next point of defence is, that the grading was not done as established and required by the ordinance.

1914Barring this, which we consider trivial, the estimate stated in the total was what the engineer intended it to be and was thoroughly understood by the council for whose benefit and consideration the estimate is made. [City of Boonville v. Stephens, 238 Mo. 339 ; Webb City v. Aylor, 163 Mo. App. 155 .] By the terms of the statute itself it is a paper to be “submitted to the board of aldermen.” The next point of defence is, that the grading was not done as established and required by the ordinance.

1913The same honest doctrine has also found frequent expression in this court. [Boardman v. Florez, 37 Mo. 559 ; Hagan v. Bank, supra; Laclede National Bank v. Richardson, supra; Bank v. Kilpatric, 204 Mo. 131 .] The rule is that in dealing with the interest of his debtor in such securities the creditor is charged with the duties and subjected to the liabilities of agents in the transaction of the business of their principals.