Hess v. Clark
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. One to whom property has been conveyed in payment of antecedent debts, is not a bona fide purchaser, and cannot hold the property as against the vendor.— Downs v. Belden, 46 Vt. 674; Miner v. Willoughby, 2 Minn. 225—239; Bomard v. Campbell, 58 N. Y. 73; McLeod v. Bank, 42 Miss. 99. One who takes personal property or negotiable paper in payment of an antecedent debt, is a bona fide purchaser for value. — Butters v.…
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Appeal from the St. Louis Circuit Court, Thayer, J. One to whom property has been conveyed in payment of antecedent debts, is not a bona fide purchaser, and cannot hold the property as against the vendor.— Downs v. Belden, 46 Vt. 674; Miner v. Willoughby, 2 Minn. 225—239; Bomard v. Campbell, 58 N. Y. 73; McLeod v. Bank, 42 Miss. 99. One who takes personal property or negotiable paper in payment of an antecedent debt, is a bona fide purchaser for value. — Butters v. Haughwout, 42 Ill. 18, and cases cited; Lee v. Kimball, 45 Me. 1,72; Green v. Kennedy, 6 Mo. App. 577. If there is any legal…
1Opinion of the CourtBakewell, J.
This was an action of replevin for a lot of cigarettes. The -goods were taken from defendants by .the sheriff and delivered to the plaintiffs. On the trial a jury was waived, and the cause was tried by the court. The finding was, that the plaintiff is not entitled to recover, and that defendants are •entitled to a return of the goods or their value. Judgment was entered accordingly, and the value of the goods was assessed at $460.
At the close of plaintiffs’ case, defendants asked an instruction to the effect that under the pleadings and evidence plaintiffs cannot recover, and the defendants…
2Cases cited2 opinions
- Butters v. HaughwoutIllinois Supreme Court · 1866
- Barnard v. . CampbellNew York Court of Appeals · 1874
3Cited by10 opinions
- State Bank v. FrameSupreme Court of Missouri · 1892
- Conrad v. FisherMissouri Court of Appeals · 1889
- Napa Valley Wine Co. v. RinehartMissouri Court of Appeals · 1890
- Feder v. AbrahamsMissouri Court of Appeals · 1888
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
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