H. T. Simon Gregory & Co. v. Simcox & Stains
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) This case was decided by the trial court upon the theory that it makes no difference whether or not the $1,100, note was part of the price paid by Stover Simeox for the stock of goods.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) This case was decided by the trial court upon the theory that it makes no difference whether or not the $1,100, note was part of the price paid by Stover Simeox for the stock of goods. The giving of said note, under the circumstances, necessarily operated to withdraw $1,100 of firm assets beyond the reach of the other creditors of said firm, for at least two years, thereby hindering and delaying such other creditors in the enforcement of their demands. It is clear, therefore, that interpleader’s first declaration of…
1Opinion of the Court
Smith, P. J. ?
STATEMENT. The facts of this case briefly outlined are, that Stover Simeox, the interpleader, the owner of a stock of goods, sold a one third interest therein to defendant Frank Simeox, his son, and a short time thereafter sold the remaining two thirds to his said son and the other defendant Stains. Simeox & Stains, the defendants, gave their notes for the agreed price of the inter-pleader’s two thirds interest in the store. They were both young men without means. The'son’s wife had $1,000 which he paid to his father as a part of the purchase price of the one third interest…
2Cases cited10 opinions
- Greenway v. JamesSupreme Court of Missouri · 1864
- Young v. GlascockSupreme Court of Missouri · 1883
- Hill v. Meyer Brothers' Drug Co.Supreme Court of Missouri · 1897
- Seger's Sons v. Thomas Bros.Supreme Court of Missouri · 1891
- McVeagh v. BaxterSupreme Court of Missouri · 1884
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3Cited by2 opinions
- First National Bank v. FrySupreme Court of Missouri · 1909
- Alabama Steel & Wire Co. v. SymonsMissouri Court of Appeals · 1904