Burnham, Munger & Co. v. Smith
Missouri Court of Appeals
Appeal from tbe Nodaway Circuit Court. — Hon. O. A. Anthony, Judge. (1) It appears upon tbe face of tbe petition that tbe plaintiffs (assuming tbalfc they have any claim) are simple contract creditors of Saunders & Butcher. They must under tbe general rule reduce tbeir claim to judgment before they can seek relief in a court of equity.
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Appeal from tbe Nodaway Circuit Court. — Hon. O. A. Anthony, Judge. (1) It appears upon tbe face of tbe petition that tbe plaintiffs (assuming tbalfc they have any claim) are simple contract creditors of Saunders & Butcher. They must under tbe general rule reduce tbeir claim to judgment before they can seek relief in a court of equity. Grim v. Walker, 79 Mo. 335; Turner v. Adams, 46 Mo. 95; Martin v. Michael, 23 Mo. 50. “The object is, in the first place, by judgment, to reduce the creditor’s claim to a certainty — to show that he is in fact a creditor, unless the party shows that he has no…
1Opinion of the CourtSmith, P. J.
This is a suit in equity, the material facts of which may be grouped in about this way: The plaintiffs were an incorporated company of wholesale merchants and the defendants, Saunders & Butcher were retailers who were, at the date of the commencement, of this suit, indebted to plaintiffs in the sum of $1,374.43 for goods sold and delivered by them to the defendants; that on June 1, 1898, the said Saunders & Butcher executed a deed of trust to the defendant Smith as trustee upon their stock of goods, fixtures, etc., to secure a debt due the Maryville National Bank for $1,600, in which it- was…
2Cases cited30 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Merry v. FremonSupreme Court of Missouri · 1869
- Guerney v. MooreSupreme Court of Missouri · 1895
- Bensley v. Mountain Lake Water Co.California Supreme Court · 1859
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3Cited by8 opinions
- Williams v. Adler-Goldman Commission Co.Court of Appeals for the Eighth Circuit · 1915
- Daniels v. SmithUtah Supreme Court · 1917
- Nichols v. LappinMissouri Court of Appeals · 1904
- Adam Roth Grocery Co. v. Hotel Monticello Co.Missouri Court of Appeals · 1910
- Mayne v. St. Louis Union Trust Co.Court of Appeals for the Eighth Circuit · 1933
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