Adam Roth Grocer Co. v. Lewis
Missouri Court of Appeals
Appeal from the Louisiana Common Pleas Court.— How Reuben E. Roy, Judge. To constitute a valid sale as against creditors of the vendor “there must remain nothing to be done between the seller and purchaser before the goods are to be delivered, as separating a specific quantity from the larger mass, or identifying them when they are mixed with others, and present right of property does not attach in the purchaser.”
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Appeal from the Louisiana Common Pleas Court.— How Reuben E. Roy, Judge. To constitute a valid sale as against creditors of the vendor “there must remain nothing to be done between the seller and purchaser before the goods are to be delivered, as separating a specific quantity from the larger mass, or identifying them when they are mixed with others, and present right of property does not attach in the purchaser.” Cunningham v. Ashbrooh, 20 Mo. 559, 560; Ober v. Carson’s Ex’r, 62 Id. 209-213; Shoe Co. v. Bain, 46 Mo. App. 581-594; Tied, on Sales, secs. 88, 89, 205. There was no delivery of…
1Opinion of the CourtBond, J.
Plaintiff is an attaching creditor of defendant, and as such caused a levy to be made on certain goods, including, among other things, about seventy sixteen-pound “butts” of Even Change tobacco. The interpleader claimed fifty of the sixteen-pound'“butts” of Even Change tobacco embraced in plaintiff’s levy. On the trial in the circuit court it *448appeared that on January 30, 1896, while defendant was invoicing his stock under a sale to one Ashton, the interpleader, who was also a creditor of defendant, appeared at the store and purchased of defendant fifty sixteen-pound “butts” of Even Change…
2Cases cited2 opinions
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Kaufmann v. SchillingSupreme Court of Missouri · 1874
3Cited by6 opinions
- Glass v. Blazer Bros.Missouri Court of Appeals · 1902
- Hubbard and Perry v. Home Ins. Co. of N.Y.Missouri Court of Appeals · 1920
- Broyles v. AbsherMissouri Court of Appeals · 1904
- Longsdorff v. MeyersMissouri Court of Appeals · 1913
- Boyer v. Leidigh-Havens Lumber Co.Missouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.