Legal Opinion

Hewson v. Tootle

Supreme Court of Missouri

Decided October 15, 1880PublishedCited by 16 opinions

Appeal from Cass Circuit Court. — Hon. Noah M. Givan, Judge. The property attached sold for $542.75. 1. The language of the mortgage necessarily implies that Vogler had the right to retain possession and continue the sale of goods in the ordinary course of his business as a merchant, and apply the proceeds to his own use until the maturity of the note.

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Appeal from Cass Circuit Court. — Hon. Noah M. Givan, Judge. The property attached sold for $542.75. 1. The language of the mortgage necessarily implies that Vogler had the right to retain possession and continue the sale of goods in the ordinary course of his business as a merchant, and apply the proceeds to his own use until the maturity of the note. What else can it mean ? Will a man buy a stock of goods and add it to another he already has, and buy other goods and add thereto, and keep the whole thereof on hand as a security for a note to mature many months hence? These goods were…

1Opinion of the CourtHenry, J.

1. Fraudulent Conveyance: possession and power of sale in mortgageor. In an attachment suit by Tootle and others against Mr. Yogler, Margaret Hewson filed an interplea c^aimin& tim goods seized in the attachment su^> under a chattel mortgage, which the answer to the interplea alleged to have been made in fraud of creditors. It is in usual form, but contains the following: “The said Jno. 0. Yogler has this day granted, bargained and sold, and by these presents does grant, bargain and sell unto said Margaret Hewson, administratrix, as aforesaid, the entire stock of goods now ■owned by said Jno.…

2Cases cited3 opinions

  1. Koehring ex rel. Martin v. MuemminghoffSupreme Court of Missouri · 1875
  2. Weber v. ArmstrongSupreme Court of Missouri · 1879
  3. Johnson v. McAllister's AssigneeSupreme Court of Missouri · 1860

3Cited by16 opinions

  1. Dobyns v. MeyerSupreme Court of Missouri · 1888
  2. Barton v. SitlingtonSupreme Court of Missouri · 1895
  3. St. Louis Drug Co. v. RobinsonSupreme Court of Missouri · 1883
  4. Farmers State Bank of Newkirk v. HessSupreme Court of Oklahoma · 1929
  5. Nolan v. DeutschMissouri Court of Appeals · 1886

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