Lew Weinrich & Co. v. Porter
Supreme Court of Missouri
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
- Miller v. AdsitNew York Supreme Court · 1837
- Dyer v. WittlerSupreme Court of Missouri · 1886
- Steward ex rel. Grantham v. ThomasSupreme Court of Missouri · 1864
- Cuyler v. McCartneyNew York Supreme Court · 1860
- Peck v. CrouseNew York Supreme Court · 1864
3Cited by19 opinions
- Albert v. BeselSupreme Court of Missouri · 1885
- Fearey v. O'NeillSupreme Court of Missouri · 1899
- Zoll v. CarnahanSupreme Court of Missouri · 1884
- Bartel v. LopeOregon Supreme Court · 1877
- Davis v. GreenSupreme Court of Missouri · 1890
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