Gratton & Knight Manufacturing Co. v. Troll
Missouri Court of Appeals
Appeal from the St. Lotus City Circuit Court. — Hon. Daniel D. Fishee, Judge. While it is true that, as a rule the mere fact of insolvency of the vendee is not sufficient of itself to take the case to the jury, yet the insolvency may be so gross that it would authorize the inference that he never intended to pay for the goods; or- insolvency attended with evidence of other circumstances may support the inference of fraudulent intent. Reid v. Lloyd, 52 Mo.
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Appeal from the St. Lotus City Circuit Court. — Hon. Daniel D. Fishee, Judge. While it is true that, as a rule the mere fact of insolvency of the vendee is not sufficient of itself to take the case to the jury, yet the insolvency may be so gross that it would authorize the inference that he never intended to pay for the goods; or- insolvency attended with evidence of other circumstances may support the inference of fraudulent intent. Reid v. Lloyd, 52 Mo. App. 283. Intent of a purchaser seldom appears in any distinct declaration but is necessarily to be gathered by the jury from all the…
1Opinion of the CourtBland, P. J.
A contention is made in this court as to the correctness of the following paragraph in the certified copy of bill of exceptions, viz.: “Whereupon the plaintiff in the following words, in writing, asked the court to make a finding of facts, to wit: “We would also request the court to make its finding of facts. “But the court failed and refused to do so, and defend*342ant duly excepted at the time to the court’s refusal to make a finding of the facts.” The original bill of exceptions (produced in this court by its order) shows that on the margin of the page of the bill on which the above paragraph…
2Cases cited10 opinions
- Bidault v. WalesSupreme Court of Missouri · 1853
- Fox v. WebsterSupreme Court of Missouri · 1870
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
- Elsass v. HarringtonMissouri Court of Appeals · 1887
- Swafford Bros. Dry Goods Co. v. JacobsMissouri Court of Appeals · 1896
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3Cited by3 opinions
- Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
- Pfa Farmers Market Association v. WearCourt of Appeals for the Eighth Circuit · 1978
- Bassett Furniture Industries, Inc. v. WearCourt of Appeals for the Eighth Circuit · 1978