Brown Shoe Co. v. Sacks
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis County.— Ron. John W. McElhinney, Judge. The purchaser of goods sold in violation of the provisions of the “Bulk Sales” law is a trustee for the creditors who may hold the fraudulent purchaser in garnishment for the value of the goods or the proceeds coming into his hand in case he has disposed of the goods. Eiley Penn. Oil Co. v. Symmonds (Tritsch, Garnishee), 195 Mo. App.
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Appeal from the Circuit Court of St. Louis County.— Ron. John W. McElhinney, Judge. The purchaser of goods sold in violation of the provisions of the “Bulk Sales” law is a trustee for the creditors who may hold the fraudulent purchaser in garnishment for the value of the goods or the proceeds coming into his hand in case he has disposed of the goods. Eiley Penn. Oil Co. v. Symmonds (Tritsch, Garnishee), 195 Mo. App. Ill; Kohn v. Fish-bach, 36 Wash. 69, 78 Pac. 199; Friedman v. Branner, 72 Wash. 338, 130 Pac. 360; Owosso Carriage Co. v. McIntosh, 179 S. W. 257; Jacques & T. Co. v. Car-starphen…
1Opinion of the CourtAllen, J.
— On May 6, 1915, plaintiff, a corporation, appellant here, instituted an action in the circuit .court of St. Louis county alleging that defendant, one .Sacks, was indebted to it in the sum of $737.27, being the balance due for certain goods, wares and merchandise sold and delivered by plaintiff to defendant. It is said that the suit was begun by attachment, but the *364attachment affidavit does not appear in the record before ns. The record recites that upon this petition “attachment and garnishment were issued and duly-served on the garnishee on the 25th day of June, 1915.” It appears that…
2Cases cited25 opinions
- Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Kohn v. FishbachWashington Supreme Court · 1904
- Musselman Grocer Co. v. Kidd, Dater & Price Co.Michigan Supreme Court · 1908
- Owosso Carriage & Sleigh Co. v. McIntosh & WarrenTexas Supreme Court · 1915
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3Cited by4 opinions
- Landmark Bank of Ladue v. General Grocer Co.Missouri Court of Appeals · 1984
- Musselman v. GrossmanIdaho Supreme Court · 1928
- Vaughan v. TylerMissouri Court of Appeals · 1920
- First Natl. Bank of Joplin v. Swan MacH. Co.Missouri Court of Appeals · 1922