Straus v. Rothan
Supreme Court of Missouri
Certified from St. Louis Court of Appeals. (1) Revised Statutes, 1879, section 2353, does not create a vendor’s lien. Norris v. Brunswick, 73 Mo. 256; Haworth ». Franklin, 74 Mo. 106. The lien theory rests wholly on a dictum in Barker v. Bodes, 79 Mo. 91. (2) Even if a vendor has a lien under this statute it does not follow that it can be exercised under the circumstances of this case. Here the special creditors have no judgment and, of course, no execution.
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Certified from St. Louis Court of Appeals. (1) Revised Statutes, 1879, section 2353, does not create a vendor’s lien. Norris v. Brunswick, 73 Mo. 256; Haworth ». Franklin, 74 Mo. 106. The lien theory rests wholly on a dictum in Barker v. Bodes, 79 Mo. 91. (2) Even if a vendor has a lien under this statute it does not follow that it can be exercised under the circumstances of this case. Here the special creditors have no judgment and, of course, no execution. Their right vests merely on an attachment subsequent to that of appellant. Section 2353 gives the vendor this right, whatever it be, on…
1Opinion of the CourtBrace, J.
— This cause is certified here by the St. Louis court of appeals, on its judgment reversing the judgment of the circuit court of St. Louis, overruling appellant’s motion to require the sheriff to pay appellant the proceeds of sales made by him under attachments against Rothan & Co.
The facts of the case are thus stated in the opinion of the court of appeals: “The plaintiff sued out an attachment against Isaac L. Rothan and Isaac Rothan, Jr., composing the mercantile firm of Rothan & Co., on various grounds, which need not be stated, and caused the same to be levied on stock and fixtures of the…
2Cases cited6 opinions
- Parker v. RodesSupreme Court of Missouri · 1883
- State v. HoffmanSupreme Court of Missouri · 1883
- Boyd v. J. M. Ward Furniture, Stove & Carpet Co.Missouri Court of Appeals · 1889
- State ex rel. Comfort v. MasonSupreme Court of Missouri · 1888
- Bolckow Milling Co. v. Turner, Frazer & Co.Missouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Haack v. Lindsay Light & Chemical Co.Illinois Supreme Court · 1946
- Barton v. SitlingtonSupreme Court of Missouri · 1895
- Pfa Farmers Market Association v. WearCourt of Appeals for the Eighth Circuit · 1978
- Steinwender v. CreathMissouri Court of Appeals · 1891
- Barbee & Co. v. CrawfordMissouri Court of Appeals · 1908
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