Lee v. Wilkins
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. A purchase of goods by one who at the time intends not to pay for them, is such a fraud as will entitle the seller to avoid the sale, although there were no fraudulent misrepresentations or false pretenses. Herboth v. Gaal, 47 Mo. App. 255; Blackwell v. Ery, 49 Mo. App. 638; Thomas v. Ereligh, 9 Mo. App. 151; Eox v. Webster, 46 Mo. 181; Dow v. Sanborn, 3 Allen 181; Benj. on Sales [6 Ed., Bennett’s Am.
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Appeal from the Audrain Circuit Court. — Hon. Elliott M. Hughes, Judge. A purchase of goods by one who at the time intends not to pay for them, is such a fraud as will entitle the seller to avoid the sale, although there were no fraudulent misrepresentations or false pretenses. Herboth v. Gaal, 47 Mo. App. 255; Blackwell v. Ery, 49 Mo. App. 638; Thomas v. Ereligh, 9 Mo. App. 151; Eox v. Webster, 46 Mo. 181; Dow v. Sanborn, 3 Allen 181; Benj. on Sales [6 Ed., Bennett’s Am. Notes], 442. v' The existence of an intention on the part of the .debtor- never to pay may be established by…
1Opinion of the Court
BIGGS, J. —
This is an action of replevin for certain goods which the plaintiffs allege were fraudulently obtained from them by the firm of Blum & Company. The goods were shipped to Blum & Company during the last days of July, 1897, and were received about the first day of August. On the seventh day of- August following, the company executed three chattel mortgages conveying its stock of goods, including those just received from plaintiffs, to secure certain debts which the firm owed. EolloAving these mortgages Blum & Company made an assignment of its property for the benefi «* of creditors.…
2Cases cited8 opinions
- Napa Valley Wine Co. v. RinehartMissouri Court of Appeals · 1890
- Deere v. MarsdenSupreme Court of Missouri · 1885
- Dymock v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1893
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
- Hodges v. BlackMissouri Court of Appeals · 1880
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3Cited by1 opinion
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937