Huggins Cracker & Candy Co. v. T. H. Ellis & Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — How. J. H. Slover, Judge. The evidence in this case conclusively shows that the delivery to the respondent by the defendants, T. H. Ellis & Co., of the stock of goods levied on under the writ of attachment herein, was not followed by “an actual and continued change of possession” within the meaning of the statute concerning fraudulent conveyances, being section 5178, Revised Statutes. Clajiin o.
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Appeal from the Jackson Circuit Court. — How. J. H. Slover, Judge. The evidence in this case conclusively shows that the delivery to the respondent by the defendants, T. H. Ellis & Co., of the stock of goods levied on under the writ of attachment herein, was not followed by “an actual and continued change of possession” within the meaning of the statute concerning fraudulent conveyances, being section 5178, Revised Statutes. Clajiin o. Rosenberg, 42 Mo. 439; Lesen v. Herriford, 44 Mo. 323; Burgert ». Borchert, 59 Mo. 80; Wright v. McCormick, 67 Mo. 426; Sterne r>. Henry, 68 Mo. 262; State ex…
1Opinion of the CourtHill, J.
— This is a contest between the Huggins Cracker & Candy Company, plaintiff, and interpleader McEntee as to the legal ownership of a certain stock of groceries. Defendants, Ellis & Co., were retail grocers in Kansas City, and as such were indebted to the plaintiff. On July 16, 1889, at about five o’clock p. m., the cracker company sued out an attachment against Ellis & Co., and levied on the goods in controversy which had been owned by and formerly in the possession of said Ellis & Co. McEntee interpleaded, claiming to have purchased the goods and taken possession thereof before the levy of…
2Cases cited5 opinions
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Wright v. McCormickSupreme Court of Missouri · 1878
- Knoop ex rel. Miller v. Nelson Distilling Co.Missouri Court of Appeals · 1887
- Ritter v. Democratic Press Co.Supreme Court of Missouri · 1878
- Leeser v. BoekhoffMissouri Court of Appeals · 1888
3Cited by4 opinions
- Reynolds v. BeckMissouri Court of Appeals · 1904
- Bowles Live Stock Commission Co. v. HunterMissouri Court of Appeals · 1902
- Anderson v. BerryMissouri Court of Appeals · 1911
- Nicholson v. MerstetterMissouri Court of Appeals · 1897