Keck v. Fisher
Supreme Court of Missouri
Jlppeal from-' Jackson Circuit Court. Baber signed the name of “Iielmreich & Co.” and acknowledged tlie instrument. Baber was not the person whose name is signed to the instrument, and lienee it cannot be bis deed. The name of “H. Helmreieh” is the name signed to the instrument (tbe word “Co.” being surplusage), and be did not sign or acknowledge it, so that it cannot be bis deed.
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Jlppeal from-' Jackson Circuit Court. Baber signed the name of “Iielmreich & Co.” and acknowledged tlie instrument. Baber was not the person whose name is signed to the instrument, and lienee it cannot be bis deed. The name of “H. Helmreieh” is the name signed to the instrument (tbe word “Co.” being surplusage), and be did not sign or acknowledge it, so that it cannot be bis deed. It is not Baber’s deed because bis name is not signed to it, and it is not Helmreicli’s deed because lie neither signed nor acknowledged it; hence it is not tbe deed of either member of the firm and conveys nothing.…
1Opinion of the CourtWagner, Judge
This was an action in the nature of replevin, to recover the possession of certain personal property described in the petition. The plaintiff claimed the property as trustee by virtue of a Written instrument made in the name of H. Helmreich & Co., which was executed by Charles Haber, a member of the firm. The defendant claimed the property by purchase from one Holden, who bought it from H. Helmreich & Co., subsequent to the execution of the deed to plaintiff. Baber signed the name of H. Helmreich & Co. to the deed, and acknowledged its execution before a notary public. The acknowledgment is…
2Cases cited1 opinion
- Clark v. RivesSupreme Court of Missouri · 1863
3Cited by7 opinions
- Holt v. SimmonsMissouri Court of Appeals · 1884
- Sloan v. Owens, Lane & Dyer Machine Co.Supreme Court of Missouri · 1879
- Rogers v. GageMissouri Court of Appeals · 1894
- Henson v. Keet & Rountree Mercantile Co.Missouri Court of Appeals · 1892
- Rock Island Implement Co. v. Sloan & CorbinMissouri Court of Appeals · 1900
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