Hargadine-McKittrick Dry Goods Co. v. Warden
Supreme Court of Missouri
Transferred from Kansas Gity Court of Appeals. ■ (1) By taking certain of tlie property assigned, plaintiff ignored the assignment, attacked its validity, and virtually said: “We Iiave $1,532 worth of goods in here; we will just rescind our contract of sale, and make onr debt all at once, without waiting for the assignment to proceed to the allowance of claims.”
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Transferred from Kansas Gity Court of Appeals. ■ (1) By taking certain of tlie property assigned, plaintiff ignored the assignment, attacked its validity, and virtually said: “We Iiave $1,532 worth of goods in here; we will just rescind our contract of sale, and make onr debt all at once, without waiting for the assignment to proceed to the allowance of claims.” Subsequently plaintiff attempted to take benefits under the assignment, still holding the property replevied, or its proceeds, and still maintaining the replevin suit. It both attacked and upheld the assignment, endeavoring to take…
1Opinion of the CourtGantt, P. J.
This case has been transferred to this ' court because one of the judges of the Kansas City Court of Ajipeals deemed the opinion of Judge Gill herein to be in conflict with the decision of this court in Johnson-Brinkman Com. Co. v. Central Bank, 116 Mo. 558, and Johnson-Brinkman Com. Co. v. Railroad, 126 Mo. 344. A careful reading of Judge Gill’s opinion will show the distinction between the cases.
In the Johnson-Brinkman cases the facts were unknown to plaintiff when it attached, and it dismissed the first action before bringing the second; here, the plaintiff knew all the facts, and its…
2Cases cited5 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Anchor Milling Co. v. WalshMissouri Court of Appeals · 1885
- Lapp v. RyanMissouri Court of Appeals · 1886
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1893
3Cited by10 opinions
- Board of Education v. DaySupreme Court of Georgia · 1907
- National Bank of Commerce v. RipleySupreme Court of Missouri · 1901
- Waugh v. WilliamsSupreme Court of Missouri · 1938
- Wernick v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
- Appleman v. PepisSupreme Court of Oklahoma · 1926
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