State ex rel. Lange v. A. F. Shapleigh Hardware Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. P. R. Elit craft, Judge. (1) The note and deed of trust were executed in due form by tbe proper officers of the hardware company, pursuant to authority conferred by the board of directors. The trustee was in possession of the stock of goods from the date of the deed of trust, until dispossessed by the sheriff’s levy. Plaintiff, therefore, has a complete prima facie case.
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Appeal from St. Louis City Circuit Court. — Hon. P. R. Elit craft, Judge. (1) The note and deed of trust were executed in due form by tbe proper officers of the hardware company, pursuant to authority conferred by the board of directors. The trustee was in possession of the stock of goods from the date of the deed of trust, until dispossessed by the sheriff’s levy. Plaintiff, therefore, has a complete prima facie case. (2) The evidence for the defendant did not tend to overthrow plaintiff’s prima facie case, but taking all the evidence together, strengthened and confirmed it.' The verdict,…
1Opinion of the CourtBrace, P. J.
— The defendants are judgment creditors of the W. O. Plass Hardware Company, upon whose stock of merchandise their executions were levied. The relator is the trustee in a deed of trust made by the W. O. Plass *368Hardware Company to secure a note for $7,500 to the Southern Commercial & Savings Bank, in possession of and claiming the stock levied on, under said deed of trust. This is an action on the bond of the defendants to indemnify the sheriff and plaintiff for the seizure and sale of the stock of merchandise under the executions. The defense set up in the answer is that the deed of trust was…
2Cases cited5 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Boland v. RossSupreme Court of Missouri · 1894
- National Tube Works Co. v. Ring Refrigerating & Ice Machine Co.Supreme Court of Missouri · 1893
- Cole v. YanceyMissouri Court of Appeals · 1895
- H. T. Simon-Gregory Dry Goods Co. v. McMahanMissouri Court of Appeals · 1895