Fox v. Webster
Supreme Court of Missouri
Appeal from, Si. Louis Circuit Court. I. The mere fact that Cozzens & Co. were insolvent, and that they knew themselves to be so, and that they concealed that fact from the plaintiffs — supposing such facts to he proved — do not furnish ground for the rescission of the sale.
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Appeal from, Si. Louis Circuit Court. I. The mere fact that Cozzens & Co. were insolvent, and that they knew themselves to be so, and that they concealed that fact from the plaintiffs — supposing such facts to he proved — do not furnish ground for the rescission of the sale. (Hill, on Sales, 807 ; 2 Pars, on Cont. 270; Sto. on Sales, § 176.) The cases .all hold that the design which will vitiate the safe and- render it null, is one not to pay for the goods at all — to get them for nothing. (Kirby v. Wilson, M. & Moore, 181; Bristol v. Wis-more, 1 B. & C. 614; Ash v. Putnam, 1 Hill, 305; Acker…
1Opinion of the Court
CüRRiER, Judge,
delivered the opinion of tbe court.
The plaintiffs sue in replevin to recover possession of thirteen cases of cigars. The defendant controverts the plaintiffs’ title, and alleges that the cigars were by them sold and delivered to James G-. Cozzens & Co., and that Cozzens & Co. thereby acquired the legal title to said cigars and a right to their possession. The defendant claims title under Cozzens & Co. as their assignee in bankruptcy.
The plaintiffs’ replication to defendant’s answer admits the sale to Cozzens & Co., but avers, in avoidance of it, that the sale Was fraudulently…
2Cases cited2 opinions
- Depas v. MayoSupreme Court of Missouri · 1848
- Pemberton v. StaplesSupreme Court of Missouri · 1839
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- Beebe v. HatfieldMissouri Court of Appeals · 1896
- Plant Seed Co. v. Michel Plant & Seed Co.Missouri Court of Appeals · 1886
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