Graton & Knight Manufacturing Co. v. Troll
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The seller of goods on credit can only rescind the sale and maintain replevin for the goods upon proof that the vendee intended at the time of purchase never to pay for them. Manheimer v. Harrington, 20 Mo. App. 297; Bidault v. Wales, 19 Mo. 36; Fox v. Webster, 46 Id. 181. "Where, after the discovery of fraud, complainant treats the transaction as existing, he will waive the right to rescind.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The seller of goods on credit can only rescind the sale and maintain replevin for the goods upon proof that the vendee intended at the time of purchase never to pay for them. Manheimer v. Harrington, 20 Mo. App. 297; Bidault v. Wales, 19 Mo. 36; Fox v. Webster, 46 Id. 181. "Where, after the discovery of fraud, complainant treats the transaction as existing, he will waive the right to rescind. Nor will the subsequent discovery of a new incident of the fraud revive the right to rescind. Taylor v. Short, 107 Mo. 384;…
1Opinion of the CourtBond, J.
In December, 1895, the Peters Rubber Company executed a deed of trust conveying all of its assets for the security of certain creditors, including in those named the plaintiff and the Manhattan Rubber Company. On the sixth of January, 1896, the latter attache,d a part of the goods mentioned in the trust deed. On the twenty-fifth of January, 1896, plaintiff replevied the goods so attached from the defendant, who held them as sheriff under the writ of attachment, in favor of the Manhattan Company. The petition is in the usual form. The answer of the defendant sets up a seizure by virtue of the…
2Cases cited3 opinions
- Taylor v. ShortSupreme Court of Missouri · 1891
- Bidault v. WalesSupreme Court of Missouri · 1853
- Elsass v. HarringtonMissouri Court of Appeals · 1887
3Cited by4 opinions
- Bauer v. National Union Fire InsuranceNorth Dakota Supreme Court · 1924
- Caffery v. Choctaw Coal & Mining Co.Missouri Court of Appeals · 1902
- Gratton & Knight Manufacturing Co. v. TrollMissouri Court of Appeals · 1898
- Sweet, Dempster & Co. v. SullivanMissouri Court of Appeals · 1898