Peet v. Spencer
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. F. Geiger, Judge. (1) Section 2507, Revised Statutes, lias no application at all to tlie facts of this case. Spencer was but an assignee under the state law for the benefit of creditors, made so by the voluntary deed of Fallis & Lichliter, and held the goods in controversy only as such assignee. He stood in the place of Fallis & Lichliter, and had no higher or other right than they would have.
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Appeal from Greene Circuit Court. — Hon. W. F. Geiger, Judge. (1) Section 2507, Revised Statutes, lias no application at all to tlie facts of this case. Spencer was but an assignee under the state law for the benefit of creditors, made so by the voluntary deed of Fallis & Lichliter, and held the goods in controversy only as such assignee. He stood in the place of Fallis & Lichliter, and had no higher or other right than they would have. State to use Phillips v. Rouse, 49 Mo. 593 ; Burrill oh Assignments [2 Ed.] 484, 538 ; Frost v. Wilson, 70 Mo.. 667 ; Page v. Gardner, 20 Mo. 507; Jordan v.…
1Opinion of the Court
Bpack, J. —
This was an action of replevin commenced in the circuit court of Jasper county and removed by change of venue to Greene county. The plaintiffs were manufacturers of soap at Kansas City, and on the fourteenth of November, 1880, shipped a car load of soap to the defendant’s assignors at Joplin, Missouri. On the sixth of'December, 1880, Fallís & ¡Lichliter failed and made a voluntary assignment to .the defendant. At the time of the assignment they .had nearly all the car load of soap in their store, and . the defendant claims the property by virtue of the deed of assignment. There was…
2Cases cited5 opinions
- Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
- State ex rel. Phillips v. RowseSupreme Court of Missouri · 1872
- Heinrichs v. WoodsMissouri Court of Appeals · 1879
- Coover v. JohnsonSupreme Court of Missouri · 1885
- Sumner v. CotteySupreme Court of Missouri · 1879
3Cited by20 opinions
- Union Stock-Yards & Transit Co. v. Western Land & Cattle Co.Court of Appeals for the Seventh Circuit · 1893
- Huse v. AmesSupreme Court of Missouri · 1890
- Green v. ConradSupreme Court of Missouri · 1893
- Riss Company, Inc. v. WallaceSupreme Court of Missouri · 1943
- In re RabenauDistrict Court, W.D. New York · 1902
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