Legal Opinion

Lew Weinrich & Co. v. Porter

Supreme Court of Missouri

Decided January 15, 1871PublishedCited by 19 opinions

Error to First District Court. The testimony of Wangelin, accompanied by the instruction of the court, at the time was properly admitted. After a vendor has parted with his property, of course he can not affect the title by any subsequent acts or declarations (35 Mo. 202) ; but when a fraudulent conspiracy is charged, and when the court explains at the time to the jury the effect of such evidence, it is no ground for a reversal. (3 Greenl.

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Error to First District Court. The testimony of Wangelin, accompanied by the instruction of the court, at the time was properly admitted. After a vendor has parted with his property, of course he can not affect the title by any subsequent acts or declarations (35 Mo. 202) ; but when a fraudulent conspiracy is charged, and when the court explains at the time to the jury the effect of such evidence, it is no ground for a reversal. (3 Greenl. Ev. 89, 90 ; 29 Mo. 51.) The declarations and statements of Norton and Townsend, made after the sale and transfer of the goods to Lew Weinrich & Co., were…

1Opinion of the CourtWagner, Judge

Norton & Townsend, a mercantile firm doing business in Sedalia, were in embarrassed and failing circumstances, and owed the plaintiffs in this action the sum of $2,000, Greenfield, Sale & Co. the sum of $272, Jonas Mayberg & Co. the sum of $663, besides *294other indebtedness. To secure plaintiffs’ indebtedness, they executed to them a writing transferring to them their entire stock of goods, amounting to $3,000 and upwards, plaintiffs assuming to pay to Turner, one. of Norton & Townsend’s creditors, the sum of $485 ; and the balance, it is alleged, was put in to defray the expenses of selling…

2Cases cited5 opinions

  1. Miller v. AdsitNew York Supreme Court · 1837
  2. Dyer v. WittlerSupreme Court of Missouri · 1886
  3. Steward ex rel. Grantham v. ThomasSupreme Court of Missouri · 1864
  4. Cuyler v. McCartneyNew York Supreme Court · 1860
  5. Peck v. CrouseNew York Supreme Court · 1864

3Cited by19 opinions

  1. Albert v. BeselSupreme Court of Missouri · 1885
  2. Fearey v. O'NeillSupreme Court of Missouri · 1899
  3. Zoll v. CarnahanSupreme Court of Missouri · 1884
  4. Bartel v. LopeOregon Supreme Court · 1877
  5. Davis v. GreenSupreme Court of Missouri · 1890

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