Blom-Collier Co. v. Martin
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — No». John P. „Butler, Judge. (1) The sale by Martin to'Smith of the stock of goods has all the earmarks of fraud. (2) The reading of the attachment writ to Smith and the garnishment were notice of imputed bad faith in the sale, and payment thereafter would not protect Smith or vest title-in him as against attaching creditors. Wetmore v. Woods, 62 Mo.
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Appeal from Sullivan Circuit Court. — No». John P. „Butler, Judge. (1) The sale by Martin to'Smith of the stock of goods has all the earmarks of fraud. (2) The reading of the attachment writ to Smith and the garnishment were notice of imputed bad faith in the sale, and payment thereafter would not protect Smith or vest title-in him as against attaching creditors. Wetmore v. Woods, 62 Mo. App. 265; Arnholt v. Hartwig, 73 Mo. 485; Dougherty v. Cooper, 77 Mo. 529; Shoe- Co. v. Lisman, 149 Mo. 85. Information which should put one on inquiry is actual notice. Edwards v. Eailroad, 82 Mo. App. 96;…
1Opinion of the CourtBroaddus, J.
This suit was instituted in the Schuyler Circuit Court and taken to- Sullivan county on change of venue where it was tried before the judge, the parties having waived a jury. The petition was filed and writ of attachment issued on the 20th day of July, 1898. The sheriff’s return shows that on the day the writ was issued defendant Martin was served with process, and interpleader Smith was garnisheed and the writ of attachment read to- him, but the goods in controversy were not then seized under the writ. After hearing' all the evidence the court found for the inter-pleader and plaintiff…
2Cases cited4 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Phelps v. City of SalisburySupreme Court of Missouri · 1901
- Chicago, Santa Fe & California Railway Co. v. VivianMissouri Court of Appeals · 1889
- Edwards v. Missouri, Kansas & Eastern Railway Co.Missouri Court of Appeals · 1899
3Cited by1 opinion
- Anheuser-Busch Brewing Ass'n v. Southern Bowling Ass'nMissouri Court of Appeals · 1908