Legal Opinion

Hess v. Clark

Missouri Court of Appeals

Decided February 28, 1882PublishedCited by 10 opinions

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

  1. Butters v. HaughwoutIllinois Supreme Court · 1866
  2. Barnard v. . CampbellNew York Court of Appeals · 1874

3Cited by10 opinions

  1. State Bank v. FrameSupreme Court of Missouri · 1892
  2. Conrad v. FisherMissouri Court of Appeals · 1889
  3. Napa Valley Wine Co. v. RinehartMissouri Court of Appeals · 1890
  4. Feder v. AbrahamsMissouri Court of Appeals · 1888
  5. Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895

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