Manhattan Brass Co. v. Webster Glass & Queensware Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. (1) It appearing upon the face of the deed that the grantor was permitted to sell the property conveyed, “in the ordinary course of trade,” and to pay over to the cestui que trust only the “net proceeds” and not the whole proceeds, the deed was void as being for the benefit of the grantor.
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Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. (1) It appearing upon the face of the deed that the grantor was permitted to sell the property conveyed, “in the ordinary course of trade,” and to pay over to the cestui que trust only the “net proceeds” and not the whole proceeds, the deed was void as being for the benefit of the grantor. Stanley v. Bunce, 27 Mo. 269; Billingsley v. Bunce, 28 Mo. 547; Wéber v. Armstrong, 70 Mo. 219; State v. Tasker, 31 Mo. 445; Reed v. Pelletier, 28 Mo. 173; White v. Graves, 68 Mo. 223; Dunlap v. O' Dena, 1 Rich. [S. 0.] 272; St.…
1Opinion of the CourtRombauer, P. J.
This is a proceeding upon garnishment. The plaintiff, a creditor of the defendant company, caused Stephenson to be summoned as a garnishee, March 14, 1885; but upon the trial of the issues between himself and the garnishee, judgment was rendered in favor of the garnishee, whence this appeal. The issues between the plaintiff and garnishee are made up by denial and reply in the following manner: The denial states that at the date of the service of the garnishment the garnishee had in his possession and 'custody and charge a large stock of merchandise, consisting of glass, china and queensware,…
2Cases cited13 opinions
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Erskine v. LoewensteinSupreme Court of Missouri · 1884
- Greeley v. ReadingSupreme Court of Missouri · 1881
- Nash v. NormentMissouri Court of Appeals · 1878
- Mechanics' Bank v. SchaumburgSupreme Court of Missouri · 1866
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Edelhoff & Rinke v. Horner-Miller Mfg. Co.Court of Appeals of Maryland · 1898
- Benton v. German-American National BankSupreme Court of Missouri · 1894
- Farmers State Bank of Cameron v. GarrisonMissouri Court of Appeals · 1961
- Penfield Investment Co. v. BruceMissouri Court of Appeals · 1908
- Union National Bank v. ShoemakerMissouri Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.