Adam Roth Grocery Co. v. Lewis
Missouri Court of Appeals
Appeal from the Louisiana Common Pleas Court. — Hon. Reuben E. Roy, Judge. The interpretation of Seger v. Thomas, 107 Mo. 635, as given by the court, that a sale by one in debt, and insolvent, is fraudulent in law, regardless of the intent of the seller or the good faith of the buyer, if the sale be partly for cash and partly on credit, evidenced by negotiable paper, is at variance with an unbroken line of decisions to the contrary. Gens & Tiede v. Hargadine, 56 Mo.
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Appeal from the Louisiana Common Pleas Court. — Hon. Reuben E. Roy, Judge. The interpretation of Seger v. Thomas, 107 Mo. 635, as given by the court, that a sale by one in debt, and insolvent, is fraudulent in law, regardless of the intent of the seller or the good faith of the buyer, if the sale be partly for cash and partly on credit, evidenced by negotiable paper, is at variance with an unbroken line of decisions to the contrary. Gens & Tiede v. Hargadine, 56 Mo. App. 245; Sammons v. O’Neil, 60 Id. 530; Dougherty v. Cooper, 77 Mo. 528; Hill v. Taylor, 125 Id. 331, 342; Baker v. Harvey, 34…
1Opinion of the CourtBiggs, J.
The plaintiff sued the defendant by attachment before a justice of the peace, and the constable levied upon a portion of a stock of goods as the property of Lewis. Ashton claimed to be the owner of the property attached and he filed an interplea under the statute denying that Lewis had any interest therein. On the trial of the interplea before the justice the finding and judgment were,, for Ashton, and the plaintiff took an appeal to the Louisiana court of common pleas. On the trial in the latter court the interpleader introduced evidence which tended to prove that the goods in question were…
2Cases cited5 opinions
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Albert v. BeselSupreme Court of Missouri · 1885
- Seger's Sons v. Thomas Bros.Supreme Court of Missouri · 1891
- State ex rel. Friedman v. PurcellSupreme Court of Missouri · 1895
- Baker v. HarveySupreme Court of Missouri · 1896
3Cited by3 opinions
- Kansas City Live Stock Commission Co. v. Bank of HamlinSupreme Court of Kansas · 1909
- Adam Roth Grocery Co. v. MayMissouri Court of Appeals · 1899
- Kisciras v. MerrittWyoming Supreme Court · 1931