Barton v. Sitlington
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H, Slover, Judge. (1) The court erred in giving a peremptory instruction to find for plaintiffs. Where the evidence tends to show fraud in fact as by permission to remain in possession and sell without accounting for and paying proceeds on debt secured, the question should be submitted to the jury. Hiseyv. Goodwin, 90 Mo. 368; Weber v. Armstrong, 70 Mo. 221; State, etc., v. Mason, 112 Mo. 382; Van Raaltev.
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Appeal from Jackson Circuit Court. — Hon. J. H, Slover, Judge. (1) The court erred in giving a peremptory instruction to find for plaintiffs. Where the evidence tends to show fraud in fact as by permission to remain in possession and sell without accounting for and paying proceeds on debt secured, the question should be submitted to the jury. Hiseyv. Goodwin, 90 Mo. 368; Weber v. Armstrong, 70 Mo. 221; State, etc., v. Mason, 112 Mo. 382; Van Raaltev. Harrington, 101 Mo. 608. (2) “It has been held by a long and unbroken line of appellate court decisions that, when it appears on. the face of a…
1Opinion of the Court
Burgess, J. —
On the. twelfth day of September, 1891, and for six or seven years next preceding that date, one Jesse Swim was a merchant engaged in the retail shoe business in Kansas City, Missouri, operating two stores, one at 1125, and the other at 521, Main street. At the same time plaintiffs, composing a copartnership and doing business under the name and *169style of Barton Brothers, were engaged in conducting in said city a wholesale shoe business. Swim was largely indebted on merchandise to various creditors in a sum total of about $26,000, a large portion of which was past due, and he was…
2Cases cited19 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Boland v. RossSupreme Court of Missouri · 1894
14 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Firestone Tire & Rubber Co. v. CrossCourt of Appeals for the Fourth Circuit · 1927
- Landis v. McDonaldMissouri Court of Appeals · 1901
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Williams v. KirkMissouri Court of Appeals · 1897
- Madson v. RuttenNorth Dakota Supreme Court · 1907
24 more not listed; retrieve them via the Exa API.