165 Mo. App. 619 | Mo. Ct. App. | 1912
(after stating the facts). — L Defendant first contends that “the court erred in overruling a peremptory instruction in the nature of a demurrer to the evidence offered by defendant at the close of plaintiff’s case, because plaintiff admitted signing the release pleaded in defendant’s answer, admitted that she could read and had an opportunity to read it and failed to introduce evidence sufficient to raise the issue of plaintiff’s want of mental capacity to understand the nature and effect of her acts when she executed the release.” We do not agree to this contention. True, the rule is stated to be that false representations as to the contents of a written instrument will not avoid the instrument (Johnston v. Cov. Mut. Life Ins. Co., 93 Mo. App. 580; Magee v. Verity,
Now it appears from plaintiff’s testimony, which is entirely uncontradicted and in view of the verdict must be accepted as absolutely true, that on the day when the instrument was made, plaintiff was an old negro woman, inexperienced in business affairs, and alone in the house when the claim agent called. Hardly two days before she had suffered such a violent shock from concussion as to be rendered unconscious and had suffered bruises and injuries which after-wards turned out to be very serious. The conversation between her and the agent was such as to inevitably lead her to conclude that the paper he asked her to sign must be a mere receipt for five dollars to meet small temporary needs of medicine, etc., and not a release of her entire cause of action. She testified that in her condition she did not think of reading the paper; though not out of her head or insane, she was sick and suffering terribly with her limb, in a “rack” of pain, her head was hurting her, she was suffering mentally and physically and did not understand what she was doing. We are of the opinion that this was sufficient evidence to take to the jury the question of whether the plaintiff was in such a mental condition that the law will protect her against the fraud complained of, notwithstanding she failed to read the instrument or asked to have it read to her.
We are also of the opinion that the acts of the claim agent, under the circumstances here disclosed, constitute a fraud, such as the law will relieve against
II. It was not error for the trial court by instruction to permit a finding of substantial damages for loss of earnings of plaintiff’s labor not exceeding four hundred and fifty dollars. There was sufficient evidence of the value of plaintiff’s time under the ruling in Haworth v. Kansas City Southern Ry Co., 94 Mo. App. 215, 68 S. W. 111, the case upon which defendant relies.
The judgment is affirmed.