Andrews v. Costican
Missouri Court of Appeals
Appeal from the Pemiscot Circuit Court, Hon. H. C. O’Bryan, Judge. The first sale was good between the parties and against subsequent purchasers with actual notice thereof. Caldwell v. Head, 17 Mo. 561; Stevens v. Hampton, 46 Mo„ '404; Ryan v. Carr, 46 Mo. 483. The record shows that respondents had actual knowledge of the previous sale-to appellant, at the time they bargained for the trees,, and before the purchase price was paid.
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Appeal from the Pemiscot Circuit Court, Hon. H. C. O’Bryan, Judge. The first sale was good between the parties and against subsequent purchasers with actual notice thereof. Caldwell v. Head, 17 Mo. 561; Stevens v. Hampton, 46 Mo„ '404; Ryan v. Carr, 46 Mo. 483. The record shows that respondents had actual knowledge of the previous sale-to appellant, at the time they bargained for the trees,, and before the purchase price was paid. But it is not necessary to prove actual knowledge. If it appear that respondents had knowledge of any facts that would put an ordinarily prudent man upon inquiry,…
1Opinion of the CourtRombauer, P. J.
This is an action of replevin to recover fifty-eight walnut sawlogs, valued in the plaintiff’s petition and affidavit at fifteen hundred dollars. An order of delivery was made, upon plaintiff giving the usual bond, and the logs were taken from the defendant’s possession and delivered to the plaintiff. Upon the trial of the cause by the court without a jury, there was a judgment for defendants for $1,298.60, the court ascertaining the value of the property to be twelve hundred dollars, and adding interest to such amount from the date of the institution of the suit.
The plaintiff appealing…
2Cases cited12 opinions
- Stevens v. HamptonSupreme Court of Missouri · 1870
- Chapman v. KerrSupreme Court of Missouri · 1883
- Suggett's Administrator v. Cason's AdministratorSupreme Court of Missouri · 1858
- Mix v. KepnerSupreme Court of Missouri · 1883
- Broadwater v. DarneSupreme Court of Missouri · 1846
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3Cited by6 opinions
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- Mine LaMotte Lead & Smelting Co. v. WhiteMissouri Court of Appeals · 1904
- Potter v. EverettMissouri Court of Appeals · 1890
- Benedict & Burnham Manufacturing Co. v. JonesMissouri Court of Appeals · 1895
- Carr v. DawesMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.