Wetmore v. Woods
Missouri Court of Appeals
Appeal from the Polk Circuit Court. — Hon. Argus Cox, Judge. In all the decisions it is set forth, as plain as language can make it, that the vendee of personal property-conveyed in fraud of the vendor’s creditors is noi entitled to be treated as an innocent purchaser, unless he has actually paid the money before notice of the fraud.
Read the full summary
Appeal from the Polk Circuit Court. — Hon. Argus Cox, Judge. In all the decisions it is set forth, as plain as language can make it, that the vendee of personal property-conveyed in fraud of the vendor’s creditors is noi entitled to be treated as an innocent purchaser, unless he has actually paid the money before notice of the fraud. Arnholt v. Hartwig, 73 Mo. 485; Dougherty v. Cooper, 77 Mo. 532; Young v. Kellar, 94 Mo. 581. (1) As to instruction number 1 asked by appellant, the court did right in refusing it, for it had no support from the evidence. It broadly demanded a verdict for…
1Opinion of the CourtGill, J.
This is an action in replevin, growing out of the following state of facts: In the early part of 1893, R. W. Ford, a merchant of Springfield, moved his stock of goods to the town of Fairplay, Polk county, Missouri, and commenced business in the same storeroom occupied by the plaintiff, M. L. Wetmore. He continued in business at this place until about the third or fourth of May, 1898, when he absconded, leaving the country with another man’s wife. At that time he was indebted to various parties, and among others, to the Springfield Grocer Company and A. J. Oliver, of Springfield. On the fifth…
2Cases cited7 opinions
- Young v. KellarSupreme Court of Missouri · 1887
- McNichols v. RichterMissouri Court of Appeals · 1883
- Peck v. ChildersSupreme Court of Missouri · 1881
- Greenlee v. MarquisMissouri Court of Appeals · 1892
- Wells v. JonesMissouri Court of Appeals · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Keet-Roundtree Dry Goods Co. v. HodgesMissouri Court of Appeals · 1913
- Welch v. KingWest Virginia Supreme Court · 1918