Desberger v. Harrington
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. James A. Seddon, Judge. There was no testimony on the part of defendant tending to invalidate the sale in any particular. One who in good faith takes personal property for an antecedent debt will be treated as a purchaser for value, and will be protected against a claim of the original owner (and against creditors of the vendor) to the same extent as if he had purchased it for value. Hess v. Ciarle, 11 Mo.
Read the full summary
Appeal from the St. Louis Circuit Court, Hon. James A. Seddon, Judge. There was no testimony on the part of defendant tending to invalidate the sale in any particular. One who in good faith takes personal property for an antecedent debt will be treated as a purchaser for value, and will be protected against a claim of the original owner (and against creditors of the vendor) to the same extent as if he had purchased it for value. Hess v. Ciarle, 11 Mo. App. 492; Green v. Kennedy, 6 Mo.' App. 577. When the sale is in payment of an antecedent debt, if there be no secret trust, •or benefit, or…
1Opinion of the CourtRombauer, J.
On September 9, 1886, Joseph M. Hayes, a merchant, sold to M. Abrahams, a merchant tailor of this city, piece goods of the value of $964.14. On October 11, 1886, Abrahams sold to the plaintiff, who is his brother-in-law and former partner, the entire contents of his store, including store-goods and fixtures, inventoried at $12,288.56, for a recited consideration of $10,752.49, being twelve and a half per cent, less than the inventoried value, and at once delivered to him possession. The consideration of the sale, according to plaintiff’s statement, consisted of an indebtedness from Abrahams…
2Cases cited3 opinions
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- State v. EmerySupreme Court of Missouri · 1883
- Crawshaw v. SumnerSupreme Court of Missouri · 1874
3Cited by12 opinions
- Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
- Meyberg v. JacobsMissouri Court of Appeals · 1890
- Renshaw v. Fireman's InsuranceMissouri Court of Appeals · 1889
- Flynn v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1891
- Atlantic Coast Line Railroad v. LevySupreme Court of Florida · 1914
7 more not listed; retrieve them via the Exa API.