Section 14 Proof

• Library: Remedies 2006

When pleading a case of fraud, the circumstances constituting the fraud must be pleaded with particularity. Rule 55.15. At trial, proof of fraud must be more than a reasonable suspicion of fraud. Any inference of fraud must be by clear, cogent, and convincing evidence. West v. Witschner, 428 S.W.2d 538 (Mo. 1968); Hackett v. St. Joseph Light & Power Co., 761 S.W.2d 206, 209 (Mo. App. W.D. 1988). A failure to establish one of the elements is fatal to recovery. Emerick v. Mut. Benefit Life Ins. Co.,...