Bircher v. Walther
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The conveyance in question made to appellant Walther was lawful and valid. Alburger v. Rank, 123 Mo. 313; Poster v. Planing Mill Co., 92 Mo. 79. (2) The relationship between respondent and the St. Louis Sheet Metal Ornament Company in its inception even, was that of debtor and creditor, not trustee and ceslui que trust. Schierenberg v. Stephens, 32 Mo. App. 314; Ileane v. Beard, 11 Mo.
Read the full summary
Transferred from St. Louis Court of Appeals. (1) The conveyance in question made to appellant Walther was lawful and valid. Alburger v. Rank, 123 Mo. 313; Poster v. Planing Mill Co., 92 Mo. 79. (2) The relationship between respondent and the St. Louis Sheet Metal Ornament Company in its inception even, was that of debtor and creditor, not trustee and ceslui que trust. Schierenberg v. Stephens, 32 Mo. App. 314; Ileane v. Beard, 11 Mo. App. 20; Eaton v. Pacific National Bank, 144 Mass. 260; Winters v. Armstrong, 37 Eed. Rep. 521. (3) Conceding that the relationship between respondent and said…
1Opinion of the CourtBrace, P. J.
On the twelfth day of August, 1897, the St. Louis Sheet Metal Ornament Company duly executed' a deed of trust conveying all its property and assets to the defendant Walther, to secure the payment of certain debts evidenced by two schedules: schedule A, amounting to about $3,000 and schedule B amounting to about $600. The debts in schedule A numbered from 1 to 7 inclusive, with power to sell and apply the proceeds to the payment, first, of the debts named in schedule A in numerical order, and then to those named in schedule B, pro rata. Debt No. 6, in schedule A is “John R. Bireher, open…
2Cases cited2 opinions
- Paul v. DraperSupreme Court of Missouri · 1900
- Bircher v. St. Louis Sheet Metal Ornament Co.Missouri Court of Appeals · 1898
3Cited by15 opinions
- Hutchinson v. National Bank of CommerceSupreme Court of Alabama · 1906
- Glidden Admx. v. GuteliusSupreme Court of Florida · 1928
- Benz v. PowellSupreme Court of Missouri · 1936
- Holland Banking Co. v. Mt. Vernon BankSupreme Court of Missouri · 1933
- Nichols v. Bank of SyracuseMissouri Court of Appeals · 1925
10 more not listed; retrieve them via the Exa API.