State ex rel. Nelson Distilling Co. v. Green Tree Brewery Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. The court erred in the declaration of law, given of its own motion. The condition attached to the sale was utterly void as to defendant the Green Tree Brewing Company. R. S. sec. 2505 ; Cooler v. Johnson, 86 Mo.-538. There is a decided difference between a sale, with condition annexed, that the title shall remain in the vendor until the goods are paid for, and a sale for cash on delivery.
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Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. The court erred in the declaration of law, given of its own motion. The condition attached to the sale was utterly void as to defendant the Green Tree Brewing Company. R. S. sec. 2505 ; Cooler v. Johnson, 86 Mo.-538. There is a decided difference between a sale, with condition annexed, that the title shall remain in the vendor until the goods are paid for, and a sale for cash on delivery. In the latter case, the weight of authority is that if the vendee is placed in possession, without mistake or fraud, the title…
1Opinion of the Court
Peers, J.,.delivered the opinion of the court.
This is a suit on a bond of indemnity given to the sheriff of the city of St. Louis by the Green Tree Brewery Company, which company had brought two attachment suits against one Klasing, the writs being levied upon Klasing’s grocery and saloon business, and among other things the two barrels of whiskey in dispute. The Nelson Distilling Company filed a claim for the whiskey with the sheriff, and the brewery company caused the sheriff to retain the whiskey under the levy by executing to him the bond here sued ón. The sheriff thereujion sold the…
2Cases cited2 opinions
- Defiance Machine Works v. TrislerMissouri Court of Appeals · 1886
- Tufts v. ThompsonMissouri Court of Appeals · 1886
3Cited by3 opinions
- Collins v. WilhoitSupreme Court of Missouri · 1891
- Hall & Robinson v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- First National Bank v. Kansas City Lime Co.Missouri Court of Appeals · 1891