Nash v. Normandy State Bank

• Decision Date: 10 March 1947
• Docket Number: 39677
• Citation: 201 S.W.2d 299
• Parties: Helen C., R. B. Nash, Appellants, v. Normandy State Bank, Respondents
• Court: Missouri Supreme Court

201 S.W.2d 299

Helen C., R. B. Nash, Appellants, v. Normandy State Bank, Respondents

No. 39677

Supreme Court of Missouri, First Division

March 10, 1947

From the Circuit Court of St. Louis County, Civil Appeal, Judge John Witthaus

Affirmed

OPINION

On Motion for Rehearing.

Per Curiam.

It should be conceded as plaintiffs-appellants urge, it is not always absolutely necessary that an actual falsehood should be uttered to render a person liable in an action for deceit. If "he states material facts as of his own knowledge, and not as a mere matter of opinion or general assertion, about a matter of which he has no knowledge whatever, this distinct willful statement in ignorance of the truth, is the same as the statement of a known falsehood, and will constitute a scienter." Dunn v. White, 63 Mo. 181, cited by appellants in support of the motion. It is also true, in order to render a person liable in an action of deceit, the person allegedly deceived must trust to the false representation and act "on the strength of it." Dunn v. White, supra.

The motion for rehearing is overruled.