(DOWNLOAD) "John L. Emerick v. Mutual Benefit Life" by En Banc Supreme Court of Missouri # eBook PDF Kindle ePub Free

eBook details

Title: John L. Emerick v. Mutual Benefit Life
Author : En Banc Supreme Court of Missouri
Release Date : January 26, 1988
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 74 KB

Description

WARREN D. WELLIVER, Judge Respondent, John Emerick, brought this action against appellant, Mutual Benefit Life Insurance Company,
for fraud, breach of contract and conversion. Appellant counterclaimed for specific performance of an alleged settlement agreement.
The trial jury found for respondent on the fraud, breach of contract and conversion claims and the trial court entered judgment
totaling $2,254,117 actual and $6,000,000 in punitive damages. The trial court also entered judgment against appellant on
its counterclaim. Appellant appeals both judgments. Respondent appeals the granting of summary judgment for appellant on three
other counts of violation of franchise statutes, breach of oral contract and breach of fiduciary duty. The Court of Appeals, Western District, affirmed the trial court on the fraud count and reversed the conversion count. The
summary judgment in favor of appellant on the original counts of violation of franchise statutes, breach of oral contract,
and breach of fiduciary duty was affirmed. We transferred this case and decide it as on original appeal. Mo. Const. art. V,
§ 10. We affirm the summary judgment for appellant on respondent's cross appeals for violation of franchise statutes,
breach of oral contract and breach of fiduciary duty. We affirm the trial court's judgment for respondent on appellant's counterclaim
for specific performance of the settlement agreement. We reverse the judgments for fraud, conversion and breach of contract.