Reid, Murdock & Co. v. Lloyd
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Instructions 1 and 6 on behalf of defendant are erroneous, and conflict with 1 and 2 given for plaintiffs. Both can not be the law. Flsass v. Harrington, 28 Mo. App. 300; Price v. Lederer, 33 Mo. App. 426; Leedomv. Ward, 38 Mo. App. 425; Reid v. Loyd, 52 Mo. App. 278; Strauss v. Hirsch, 63 Mo.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Instructions 1 and 6 on behalf of defendant are erroneous, and conflict with 1 and 2 given for plaintiffs. Both can not be the law. Flsass v. Harrington, 28 Mo. App. 300; Price v. Lederer, 33 Mo. App. 426; Leedomv. Ward, 38 Mo. App. 425; Reid v. Loyd, 52 Mo. App. 278; Strauss v. Hirsch, 63 Mo. App. 110. (2) Instruction 3, on behalf of defendant, is erroneous, and conflicts with number 2 on behalf of plaintiffs. Both can not be the law. Flsass v. Harrington, 28 Mo. App. 304; Strauss v. Hirsch, 63 Mo. App. 110. (1)…
1Opinion of the CourtSmith, P. J.
This is an action of replevin brought by the plaintiffs to recover certain specified articles of merchandise claimed by them to have been sold to Marr fe Shelton, who were, at the time of such purchases, insolvent and did not intend to pay for the same. The plaintiffs further claim that the defendant, at the time of his purchase of the stock of goods of Marr & Shelton, had knowledge of the fraud of the latter in making the purchase of them of the articles of merchandise in dispute.
There was a trial in the circuit court, resulting in judgment for defendant, from which plaintiffs have appealed.
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2Cases cited5 opinions
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
- Elsass v. HarringtonMissouri Court of Appeals · 1887
- Swafford Bros. Dry Goods Co. v. JacobsMissouri Court of Appeals · 1896
- Leedom v. J. M. Ward Furniture, Stove & Carpet Co.Missouri Court of Appeals · 1889
- Price v. LedererMissouri Court of Appeals · 1889
3Cited by3 opinions
- Purcell v. MerrickMissouri Court of Appeals · 1913
- Missouri Loan & Investment Co. v. Federal Trust Co.Missouri Court of Appeals · 1913
- Gratton & Knight Manufacturing Co. v. TrollMissouri Court of Appeals · 1898