Swafford Bros. Dry Goods Co. v. Jacobs
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) We insist that from the facts found in this case the equities as well as the law are in favor of the defendant. '(2) On the finding of facts in this case, and the pleadings, the judgment should be for defendant. Shoe Co. v. Bank, 56 Mo. App. 662; Calm v. Beid, 18 Mo.
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Appeal from the Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) We insist that from the facts found in this case the equities as well as the law are in favor of the defendant. '(2) On the finding of facts in this case, and the pleadings, the judgment should be for defendant. Shoe Co. v. Bank, 56 Mo. App. 662; Calm v. Beid, 18 Mo. App. 115. (3) Assuming that the sale of goods was on credit, in order to avoid the sale as against a subsequent purchaser or mortgagee, it must appear that the purchaser never intended to pay for them, otherwise the title passes. Bidault v. Wails & Sons, 20…
1Opinion of the CourtEllison, J.
This is an action of replevin for a lot of merchandise which plaintiffs had sold and delivered to defendant Jacobs. The goods were taken from the defendant banking company, who were in possession as mortgagee. The judgment in the circuit' court was for plaintiff.
*366The facts were that plaintiff sold and delivered the goods to defendant Jacobs, on credit, in reliance on the truth of his false and fraudulent representation that he was solvent and abundantly able to pay for them. That Jacobs made the representation for the purpose of getting the goods on credit, but intending at the time not to pay…
2Cases cited7 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Bidault v. WalesSupreme Court of Missouri · 1853
- Bidault v. WalesSupreme Court of Missouri · 1855
- Napa Valley Wine Co. v. RinehartMissouri Court of Appeals · 1890
- Fox v. WebsterSupreme Court of Missouri · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pfa Farmers Market Association v. WearCourt of Appeals for the Eighth Circuit · 1978
- Standard Oil Co. v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1898
- P. C. Thompson & Co. v. MasseyMissouri Court of Appeals · 1898
- Gratton & Knight Manufacturing Co. v. TrollMissouri Court of Appeals · 1898
- Reid, Murdock & Co. v. LloydMissouri Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.