Legal Opinion

Stein, Block & Co. v. Hill

Missouri Court of Appeals

Decided February 3, 1903PublishedCited by 1 opinion

Appeal from Scotland Circuit Court. — Ho». H. B. McKee, Judge. (1) A debt is fraudulent if intention of vendee is not to pay. Manbeimer v. Harrington, 20 Mo. App. 297; Blackwell v. Fry, 49 Mo. App. 638; Beebe v. Hatfield, 67 Mo. App. 609; Reid & Co. v. Lloyd, 67 Mo. App. 513; Benjamin on Sales (4 Ed.), par. 440. (2) And a vendor may rescind and retake goods if vendee knowingly makes false statements as to solvency. Hartt v. McNeil, 47 Mo. 526; Cobn v. Reid, 18 Mo.

Read the full summary

Appeal from Scotland Circuit Court. — Ho». H. B. McKee, Judge. (1) A debt is fraudulent if intention of vendee is not to pay. Manbeimer v. Harrington, 20 Mo. App. 297; Blackwell v. Fry, 49 Mo. App. 638; Beebe v. Hatfield, 67 Mo. App. 609; Reid & Co. v. Lloyd, 67 Mo. App. 513; Benjamin on Sales (4 Ed.), par. 440. (2) And a vendor may rescind and retake goods if vendee knowingly makes false statements as to solvency. Hartt v. McNeil, 47 Mo. 526; Cobn v. Reid, 18 Mo. App. 122. (3) Or when vendee purchases goods with intention not to pay for them. Bidualt v. Wales, 19 Mo. 36; Bidault v. Wales, 20…

1Opinion of the CourtBland, P. J.

Plaintiffs conducted a wholesale liquor business in Kansas City, Missouri. On February 25, 1901, through their salesman, Jacob Newhouse, they sold one barrel of whiskey of the value of $98 to Sharr & McCandless, a retail liquor firm in Scotland county, Missouri. The barrel of whiskey was received by Sharr & McCandless at their place of business, but *40was not tapped or opened by them. Afterwards a writ of attachment was issued against Sharr & McCandless and placed in the hands of defendant as constable, by virtue of which he seized and levied upon the barrel of whiskey. Plaintiff replevied the…

2Cases cited9 opinions

  1. Morris v. . TalcottNew York Court of Appeals · 1884
  2. Kitson v. FarwellIllinois Supreme Court · 1890
  3. LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
  4. Bidault v. WalesSupreme Court of Missouri · 1853
  5. Bidault v. WalesSupreme Court of Missouri · 1855

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Wray v. WrightsmanMissouri Court of Appeals · 1910

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API