Haase v. Nelson Distilling Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The instruction given by the court, of its own motion, declaring that the instrument in question does not come within the statute of voluntary assignments is erroneous, and is contrary to, the law and the evidence in the case. Douglass v. Cissna, 17 Mo. App. 44; Bascom v. Baimvater, 30 Mo. App. 483; Mills v. Williams, 31 Mo. App. 447; Bosenthalv. Frank, 37 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The instruction given by the court, of its own motion, declaring that the instrument in question does not come within the statute of voluntary assignments is erroneous, and is contrary to, the law and the evidence in the case. Douglass v. Cissna, 17 Mo. App. 44; Bascom v. Baimvater, 30 Mo. App. 483; Mills v. Williams, 31 Mo. App. 447; Bosenthalv. Frank, 37 Mo. App. 272; In re Assignment of-Zwang, 39 Mo. App. 356; Grow v. Beardsley, 68 Mo. 435; Sexton v. Anderson, 95 Mo. 382; Burrill on Assignments, secs. 6 and 8 and…
1Opinion of the CourtRombauer, P. J.
The action is trespass. The petition charges that the defendants wrongfully took from plaintiff’s possession certain goods of which he was lawfully possessed, his title to them being derived under the following instrument:
“St. Louis, January 4, 1892.
“To secure my creditors hereinafter named, pro rata, according to what I owe to each, I hereby assign and transfer to Louis H. Haase, in trust for said creditors, my store and stock of goods at number 603, South Broadway, city of St. Louis, and all goods and chattels connected therewith, and, also, all books and all accounts and debts owing to *133me…
2Cases cited6 opinions
- Hargadine v. HendersonSupreme Court of Missouri · 1888
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Young Men's Christian Ass'n v. DubachSupreme Court of Missouri · 1884
- Dodson v. LomaxSupreme Court of Missouri · 1893
- Jaffrey v. MathewsSupreme Court of Missouri · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- Missouri-American Electric Co. v. Hamilton Brown Shoe Co.Court of Appeals for the Eighth Circuit · 1908
- Brookshier v. Chillicothe Town Mutual Fire InsuranceMissouri Court of Appeals · 1902
- Kemper, Hundley & McDonald Dry Goods Co. v. George A. Kennard Grocer Co.Missouri Court of Appeals · 1897
- Territory ex rel. Baca v. BacaNew Mexico Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.