Lapp v. Ryan
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. Alexe having made the purchase by means of fraudulent ^representations, and without intending to pay for the goods, plaintiffs might within a reasonable time after ■coming to a knowledge of their rights and of the facts .affecting those rights, elect whether to affirm or to rescind the sale.
Read the full summary
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. Alexe having made the purchase by means of fraudulent ^representations, and without intending to pay for the goods, plaintiffs might within a reasonable time after ■coming to a knowledge of their rights and of the facts .affecting those rights, elect whether to affirm or to rescind the sale. Cox v. Montgomery, 36 111. 396 ; Manahan v. Noyes, 52 N. II. 232. An attaching creditor is not an innocent purchaser for value, but stands in the shoes of the fraudulent vendee, and can assert no other rights than could such vendee. Coodger v.…
1Opinion of the CourtThompson, J.
This was an action of replevin for two barrels of *438whiskey. On a trial before the court sitting as a juryy a verdict and judgment were rendered for the defendant.
The real contest seems to be between the plaintiffs, who had sold the whiskey to one Frank Alexe, and Yen-able and Heyman, attaching creditors of Alexe. Certain undisputed facts, disclosed by the record, show that the plaintiffs were not entitled to recover, and render it unnecessary to state all the questions which have been raised.
The plaintiffs had sold the whiskey on credit toAlexe, and soon thereafter had attached it for their…
2Cases cited3 opinions
- Anchor Milling Co. v. WalshMissouri Court of Appeals · 1885
- Upton v. EnglehartU.S. Circuit Court for the District of Iowa · 1874
- Farrar v. WalkerU.S. Circuit Court for the District of Eastern Missouri · 1875
3Cited by10 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
- Hargadine-McKittrick Dry Goods Co. v. WardenSupreme Court of Missouri · 1899
- Long v. International Vending Machine Co.Missouri Court of Appeals · 1911
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1893
5 more not listed; retrieve them via the Exa API.