Claflin v. Rosenberg
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This suit was commenced by attachment levied on a stock of boots and shoes in a store occupied by Samuel Rosenberg, defendant, near the corner of Seventh street and Franklin avenue, in the city of St." Louis, on the 22d of January, 1867. Simon Strauss, interpleader, claimed the goods by virtue of a bill of sale made on the 18th of December, 1866. Upon the trial of the interplea the testimony for Strauss showed that he was a milliner,…
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Appeal from St. Louis Circuit Court. This suit was commenced by attachment levied on a stock of boots and shoes in a store occupied by Samuel Rosenberg, defendant, near the corner of Seventh street and Franklin avenue, in the city of St." Louis, on the 22d of January, 1867. Simon Strauss, interpleader, claimed the goods by virtue of a bill of sale made on the 18th of December, 1866. Upon the trial of the interplea the testimony for Strauss showed that he was a milliner, doing business on Fourth street, in St. Louis; that he was brother-in-law of defendant; that he had loaned him considerable…
1Opinion of the CourtWagner, Judge
This case was well argued, and the question is important, as it requires a definite construction of the tenth’section of the act concerning fraudulent conveyances. (Gen. Stat. chap. 107, p. 440.) The subject of sales of goods and chattels without delivery has given rise to more protracted discussion and more “contradictory *448decisions than any other matter in the whole range of the law. The construction given to the English statute of frauds in an early day was that the retention of personal property by the vendor, after sale amounted to fraud per se; that it was conclusive, and could not be…
2Cases cited4 opinions
- Sibly v. HoodSupreme Court of Missouri · 1834
- Hamilton v. RussellU.S. Circuit Court for the District of District of Columbia · 1802
- Shepherd v. TriggSupreme Court of Missouri · 1841
- Rocheblave v. PotterSupreme Court of Missouri · 1825
3Cited by50 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Bassinger v. SpanglerSupreme Court of Colorado · 1886
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Cook v. MannSupreme Court of Colorado · 1881
- Collins v. WilhoitSupreme Court of Missouri · 1891
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