Ryles, Wilson & Co. v. Shelley Manufacturing Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. J. S. Slover, Judge. (1) The language of the paragraph in the statute defining the fourteenth ground of attachment is specific in its terms and can not be enlarged beyond its terms. It is “where the debt sued for was fraudulently contracted on the part of the debtor.”
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Appeal from Jackson Circuit Court. — Son. J. S. Slover, Judge. (1) The language of the paragraph in the statute defining the fourteenth ground of attachment is specific in its terms and can not be enlarged beyond its terms. It is “where the debt sued for was fraudulently contracted on the part of the debtor.” Three elements are essential: 1. There must be a debt. 2. It must have been contracted. 3. It must have 'been fraudulently contracted on the part of the debtor; and in this there must have been a fraudulent intention. (2) The debt must arise out of a contract, not out of a tort; out of a…
1Opinion of the CourtBroaddus, J.
This is an action by plaintiffs to recover of the defendant the sum of $372.10, the amount paid by them to the defendant as the purchase price of .a .quantity *180of catsup. In December, 1899, the defendant, who was engaged in tbe manufacture of catsup in the city of St. Louis, through the agency of Gable, Johnson & Jones, a firm doing business in Kansas City, Missouri, sold the catsup to the plaintiffs, who were merchants in Kansas City also. The goods were sold by sample, and thé agreed purchase price was $380. The defendant agreed to ship the goods to Kansas City, freight prepaid, to be paid…
2Cases cited4 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- The People Ex Rel. Dusenbury v. . SpeirNew York Court of Appeals · 1879
- State ex rel. Harvey v. ManningSupreme Court of Missouri · 1884
- Sunday Mirror Co. v. GalvinMissouri Court of Appeals · 1893
3Cited by1 opinion
- Steele v. BrazierMissouri Court of Appeals · 1909