Sweet, Dempster & Co. v. Sullivan
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The instruction given is faulty in that it declares the law to be that known insolvency is not sufficient to justify a finding for the plaintiff. This is contrary to the decision of this court. Strauss v. Hirsch, 63 Mo. App. 95; Blackwell v. Fry, 49 Mo. App. 638, at 639; Reid et al. v. Lloyd, 52 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The instruction given is faulty in that it declares the law to be that known insolvency is not sufficient to justify a finding for the plaintiff. This is contrary to the decision of this court. Strauss v. Hirsch, 63 Mo. App. 95; Blackwell v. Fry, 49 Mo. App. 638, at 639; Reid et al. v. Lloyd, 52 Mo. App. at 282. The conversation between Hart and Fallon as to condition of F. W. Humphrey & Company and their credit at the time of the sale should have been admitted in evidence. Meacham on Agency [Ed. 1889], see. 369; Sprague…
1Opinion of the CourtBland, P. J.
*132 DofcíawATIONS
*131Appellant is a corporation engaged in the wholesale hat business in the city of Chicago, Illinois; E. W. Humphrey was the sole member of the firm of E. W. Humphrey & Company, doing a retail clothing business in the city of St. Louis, Missouri; William Tamblyn was the general manager of the Humphrey Company, and Mr. Hart was a salesman in the hat department; William E. Eallon was the St. Louis agent of appellant, and as such had sold bills of hats to F. W. Humphrey & Company prior to the fall season of 1896. Sometime in August, 1896, Fallon went to the store of F. W. Humphrey &…
2Cases cited11 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Bidault v. WalesSupreme Court of Missouri · 1853
- Manheimer v. HarringtonMissouri Court of Appeals · 1886
- Bank of Pleasant Hill v. WillsSupreme Court of Missouri · 1883
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