Missouri Court of Appeals March 13, 1906 (Serrano v. Miller & Teasdale Commission Co.)

NORTONI, J.

(after stating the facts). — The criticism is that the instructions failed to require the jury to find the scienterThat there must be scienter, either actual or constructive, in order to support an action at law for deceit, is beyond question. The false representation may be made scienter in contemplation of law if the other elements of liability are present in one of three ways.