Reynolds v. Beck
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. D. D. Fisher, Judge. (1)The actual and continued change of possession contemplated hy the statute, must be open, notorious and unequivocal — such as to apprise the community, or those accustomed to deal with the vendor, that the goods sold have changed hands, and that the title has passed from the vendor to the vendee.
Read the full summary
Appeal from St. Louis City Circuit Court. — Now. D. D. Fisher, Judge. (1)The actual and continued change of possession contemplated hy the statute, must be open, notorious and unequivocal — such as to apprise the community, or those accustomed to deal with the vendor, that the goods sold have changed hands, and that the title has passed from the vendor to the vendee. Lesem v. Herriford, 44 Mo. 323; Bishop v. O’Connell, 56 Mo. 158; Wright v. McCormick, 67 Mo. 426; Stern v. Henley, 68 Mo. 262; Bevercoinb v. Dunker, 74 Mo. App. 570. (2) Whether the change of possession was such as the law…
1Opinion of the CourtGoode, J.
— Action of replevin for possession of a carriage and damages for its detention. Both parties claim title and right of possession under Edward F. Howard; the appellant by virtue of a mortgage executed by said Howard, August 8,1901, and the respondent by purchase from him in 1899. For years Howard has conducted a livery stable in the city of St. Louis at 2801 Laclede avenue. He bought the carriage in 1897 from Cunningham & Sons for $1,000 and was proven beyond drabt to have sold it to Reynolds, the respondent, in 1899 for $700. The good faith of that transaction is not in contest on the…
2Cases cited17 opinions
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Stevens v. IrwinCalifornia Supreme Court · 1860
- Cahoon v. MarshallCalifornia Supreme Court · 1864
- Hopkins v. BishopMichigan Supreme Court · 1892
- Doyle v. StevensMichigan Supreme Court · 1856
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State ex rel. Sondheimer Co. v. StoneMissouri Court of Appeals · 1905
- Williams v. YoutseyMissouri Court of Appeals · 1910
- Klie v. WellmanMissouri Court of Appeals · 1915
- Mound City Finance Co. v. FrankMissouri Court of Appeals · 1947