Ely & Walker Dry Goods Co. v. McLaughlin, Dyer & Co.
Missouri Court of Appeals
Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. A bill of sale or any conveyance absolute on its face but made with, tbe agreement that the property conveyed thereby shall be security for a debt, is a secret trust and is void as to attaching creditors of the grantor. Pattison v. Litton, 56 Mo. App. 325; Molaska Mfg. Co. v. Steele & Walker, 36 Mo.
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Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. A bill of sale or any conveyance absolute on its face but made with, tbe agreement that the property conveyed thereby shall be security for a debt, is a secret trust and is void as to attaching creditors of the grantor. Pattison v. Litton, 56 Mo. App. 325; Molaska Mfg. Co. v. Steele & Walker, 36 Mo. App. 496. If a vendee holds himself out to the world as absolute owner and at the same time is under an agreement embodying a secret trust, tbe purity of bis intentions can not alter the legal results following sucb conditions and…
1Opinion of the CourtBland, P. J.
Plaintiff commenced its suit in the Wright county circuit court by attachment. By direction of the plaintiff the sheriff attached a stock of merchandise found in the possession of Mansur & Ellis, in the town of Mountain Grove, in said county, who appeared in the Wright circuit court and interpleaded for the goods, alleging that they were the sole and absolute owners thereof. The interplea was put in issue by a general denial filed by plaintiff. On the petition of plaintiff the venue was changed to the Howell circuit court. At the January, 1898, term of the Howell circuit court, when the case…
2Cases cited7 opinions
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- R. L. McDonald & Co. v. HooverSupreme Court of Missouri · 1898
- Elsner v. Supreme Lodge, Knights & Ladies of HonorSupreme Court of Missouri · 1889
- First National Bank v. Kansas City Lime Co.Missouri Court of Appeals · 1891
- Roberts v. BarnesSupreme Court of Missouri · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hoppe Hardware Co. v. BainSupreme Court of Oklahoma · 1908
- Scott Hardware Co. v. RiddleMissouri Court of Appeals · 1900
- Ely-Walker Dry Goods Co. v. McLaughlin, Dyer & Co.Missouri Court of Appeals · 1901
- Albert v. Van FrankMissouri Court of Appeals · 1901
- Anderson v. WhiteMissouri Court of Appeals · 1921
2 more not listed; retrieve them via the Exa API.