Kansas City Stained Glass Works & Sign Co. v. Robertson
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon.. J. H. Sloveb, Judge. (1) One who sells goods and takes the purchaser’s notes therefor can not sue upon the notes, and at the same time attach on the ground that the debt was fraudulently contracted. Finley v. Bryson, 84 Mo. 671; Jones v. Brown, 167 Pa. St. 395 (recently decided); Blackwell v. Fry, 49 Mo.
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Appeal from the Jackson Circuit Court. — Hon.. J. H. Sloveb, Judge. (1) One who sells goods and takes the purchaser’s notes therefor can not sue upon the notes, and at the same time attach on the ground that the debt was fraudulently contracted. Finley v. Bryson, 84 Mo. 671; Jones v. Brown, 167 Pa. St. 395 (recently decided); Blackwell v. Fry, 49 Mo. App. 641; Emerson v. Steel Go., 100 Mich. 127; Bodermond v. Clark, 46 N. Y. 354; Insurance Co. v. Cochran, 27 Ala. 228. (2) The petition did not state a cause of action, but showed upon its face that the action was prematurely brought. R. S.,…
1Opinion of the CourtGill, J.
This is a suit in attachment wherein. plaintiff had judgment on the plea in abatement as well as on the merits, and defendant appealed.
Plaintiff's claim arose out of a contract it had with defendant to furnish the materials and do the work in decorating a drug store in Kansas City, for which defendant agreed to pay plaintiff $2,700-one half thereof to be paid during the progress of the work and the balance ninety days after the same was finished. The work was completed, the half of the price was paid, but the other half was not, and this suit was brought, based on notes given for said…
2Cases cited3 opinions
- Kritzer v. SmithSupreme Court of Missouri · 1855
- State ex rel. Harvey v. ManningSupreme Court of Missouri · 1884
- Blackwell v. FryMissouri Court of Appeals · 1892
3Cited by2 opinions
- Alexander v. WadeMissouri Court of Appeals · 1904
- Leonard v. MartinMissouri Court of Appeals · 1916