Pollard v. Farwell
Missouri Court of Appeals
Appeal from the Cedar Circuit Court. — Hon. D. P.. Stratton, Judge. “It is hereby agreed that the issues joined upon-the interplea of M. E. Pollard, in each .of the above-entitled causes pending in the circuit court of Cedar-county, Missouri, shall be determined on the following statement of facts, which are admitted to be trae: That the interpleader, M. E. Pollard, received from the-estate of her father certain money, of which on September 1, 1883, she loaned the defendant,…
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Appeal from the Cedar Circuit Court. — Hon. D. P.. Stratton, Judge. “It is hereby agreed that the issues joined upon-the interplea of M. E. Pollard, in each .of the above-entitled causes pending in the circuit court of Cedar-county, Missouri, shall be determined on the following statement of facts, which are admitted to be trae: That the interpleader, M. E. Pollard, received from the-estate of her father certain money, of which on September 1, 1883, she loaned the defendant, J. T. Wood, $1,301, for which she took his note of that date, payable one day thereafter, with eight-per-cent, compound…
1Opinion of the CourtEllison, J.
The only question in this case is whether there was such a change of possession of the stock of merchandise as is contemplated by section 5178, Revised Statutes, 1889. We are of the opinion' that there was. We are bound to so hold unless we are ready to announce that there can be no change of possession where the vendor is left in charge of the property. That there was a change of possession as between the parties, cannot be disputed. But to make the change sufficient under the statute, as against creditors the change must be open, notorious and unequivocal. The things which the parties did…
2Cases cited1 opinion
- Claflin v. RosenbergSupreme Court of Missouri · 1868
3Cited by1 opinion
- State ex rel. Smith v. FlynnMissouri Court of Appeals · 1894