Stein, Block & Co. v. Hill
Missouri Court of Appeals
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.
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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
- Morris v. . TalcottNew York Court of Appeals · 1884
- Kitson v. FarwellIllinois Supreme Court · 1890
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- Bidault v. WalesSupreme Court of Missouri · 1853
- Bidault v. WalesSupreme Court of Missouri · 1855
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3Cited by1 opinion
- Wray v. WrightsmanMissouri Court of Appeals · 1910