Goebel v. Troll
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Thomas A. Russell, Judge. The sheriff is not an innocent purchaser, and his rights are no greater than those of the original vendee. Googher v. Finn, 10 Mo. App. 226. The vendee’s representation of solvency, when he was insolvent, was a legal fraud upon appellants, regardless of knowledge of insolvency, and regardless of any actual intention to defraud. McBeth v. Craddock, 28 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Thomas A. Russell, Judge. The sheriff is not an innocent purchaser, and his rights are no greater than those of the original vendee. Googher v. Finn, 10 Mo. App. 226. The vendee’s representation of solvency, when he was insolvent, was a legal fraud upon appellants, regardless of knowledge of insolvency, and regardless of any actual intention to defraud. McBeth v. Craddock, 28 Mo. App. 380; Caldwell v. Henry, 76 Mo. 260. A man is presumed to know his financial condition, and knowledge by the vendee that he was unable to pay for the goods was…
1Opinion of the CourtBiggs, J.
This is an action of replevin. It originated before a justice of the peace. The property was *124taken from the defendant and delivered to the plaintiffs. The latter recovered a.judgment before the justice. The defendant appealed. In the circuit court the cause was submitted on an agreed statement of facts, which resulted in a judgment for the defendant. The plaintiffs in turn have appealed to this court.
The following is the agreed statement of facts: “On the dates mentioned in annexed bill, plaintiffs sold to Henry Freise, a grocer and saloon keeper, the goods in said bill mentioned. The line of…
2Cases cited5 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Buford v. CaldwellSupreme Court of Missouri · 1834
- Beebe v. HatfieldMissouri Court of Appeals · 1896
- Florida v. MorrisonMissouri Court of Appeals · 1891
- Wertheimer, Swarts Shoe Co. v. Exchange BankMissouri Court of Appeals · 1894
3Cited by2 opinions
- Pfa Farmers Market Association v. WearCourt of Appeals for the Eighth Circuit · 1978
- Bassett Furniture Industries, Inc. v. WearCourt of Appeals for the Eighth Circuit · 1978