Lewis v. Mason
Supreme Court of Missouri
Appeal from St. Louis Qity Circuit Court. — How. W. II. Hobiteb, Judge. (1) Our statutory action of replevin was intended to effect a complete adjustment of tire rights of the parties thereto. Boutell v. Warne, 62 Mo. 354; Dougherty •». Cooper, 77 Mo. 534. (2) Drawing of a check ' does not transfer or assign to the holder either a legal or equitable claim to so much of the fund as is called for by the check.
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Appeal from St. Louis Qity Circuit Court. — How. W. II. Hobiteb, Judge. (1) Our statutory action of replevin was intended to effect a complete adjustment of tire rights of the parties thereto. Boutell v. Warne, 62 Mo. 354; Dougherty •». Cooper, 77 Mo. 534. (2) Drawing of a check ' does not transfer or assign to the holder either a legal or equitable claim to so much of the fund as is called for by the check. Bank v. Coats, 79 Mo. 168; Allen v. Bank, 85 Mo. 173. (3) It is gross error to direct a verdict for plaintiff where there is evidence to sustain a valid defence. Halliday v. Jones, 59 Mo.…
1Concurrence
Black, J.,
Concurring. — We think it proper to make these additional remarks to the opinion filed in this cause: There is evidence tending to prove the following facts: Levy owned a stock of goods valued at six thousand dollars. He and Landecker combined together to defraud the creditors of Levy; and pursuant thereto, Levy sold the goods to Landecker for the agreed- consideration of twenty-five hundred dollars on the twelfth of July, 1883. On the same day, Landecker turned the goods over to the plaintiff, an auctioneer and commission merchant, who advanced to Landecker thereon the sum of…
2Cases cited5 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Boutell v. WarneSupreme Court of Missouri · 1876
- Gillham v. KeroneSupreme Court of Missouri · 1870
- Frei v. VogelSupreme Court of Missouri · 1867