Coleman v. Stocke
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) The defendant was a holder for value of the cheek for the amount of which a recovery was had in this action. R. S. 1909, secs. 9995, 9996, 9999; Tied ornan on Bills and, Notes, sec. 113; Jennings v. Todd, 118 Mo. 296; Hamilton v. Marks, 3 Mo. 178; Hayes v. Robinson, 93 Mo. 122. (2) No title, right or interest in said check or its proceeds passed to the plaintiff as trustee in bankruptcy.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) The defendant was a holder for value of the cheek for the amount of which a recovery was had in this action. R. S. 1909, secs. 9995, 9996, 9999; Tied ornan on Bills and, Notes, sec. 113; Jennings v. Todd, 118 Mo. 296; Hamilton v. Marks, 3 Mo. 178; Hayes v. Robinson, 93 Mo. 122. (2) No title, right or interest in said check or its proceeds passed to the plaintiff as trustee in bankruptcy. Woodman on Trustees in Bankruptcy, 118; Security Warehousing Co. v. Hand, 206 U. S. 423; Hewit v. Machine Works, 194 U. S. 296;…
1Opinion of the CourtNortoni, J.
This is a suit by the trustee of a bankrupt estate for an amount of money belonging to the bankrupt which it is alleged defendant wrong*45fully appropriated to his use, in fraud of the bankrupt’s creditors. Plaintiff recovered and defendant prosecutes the appeal. A jury was waived and the issue tried before the circuit court. No instructions or declarations of law were asked or given and the only question with which we are concerned on appeal is the sufficiency of the evidence to support the finding for plaintiff.
It appears plaintiff is the trustee in bankruptcy of the estate of the Meier China…
2Cases cited4 opinions
- Wilson v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Rochester & Charlotte Turnpike Road Co. v. PaviourNew York Court of Appeals · 1900
- Leigh v. American Brake-Beam Co.Illinois Supreme Court · 1903
- Kitchens v. Teasdale Commission Co.Missouri Court of Appeals · 1904
3Cited by4 opinions
- McCullam v. Buckingham Hotel Co.Missouri Court of Appeals · 1917
- Jennings v. Studebaker Sales Corp. of AmericaSupreme Court of New Jersey · 1934
- Reynolds v. Title Guaranty Trust Co.Missouri Court of Appeals · 1916
- Coleman v. DanaMissouri Court of Appeals · 1915