Legal Opinion

Burnham, Munger & Co. v. Smith

Missouri Court of Appeals

Decided December 4, 1899PublishedCited by 8 opinions

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

  1. Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
  2. Pendleton v. PerkinsSupreme Court of Missouri · 1872
  3. Merry v. FremonSupreme Court of Missouri · 1869
  4. Guerney v. MooreSupreme Court of Missouri · 1895
  5. Bensley v. Mountain Lake Water Co.California Supreme Court · 1859

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3Cited by8 opinions

  1. Williams v. Adler-Goldman Commission Co.Court of Appeals for the Eighth Circuit · 1915
  2. Daniels v. SmithUtah Supreme Court · 1917
  3. Nichols v. LappinMissouri Court of Appeals · 1904
  4. Adam Roth Grocery Co. v. Hotel Monticello Co.Missouri Court of Appeals · 1910
  5. Mayne v. St. Louis Union Trust Co.Court of Appeals for the Eighth Circuit · 1933

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