American Valley Co. v. Wyman
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The defense of innocent purchaser for value without notice is not available to the defendant in this action, for the reason that the fact of his being an innocent purchaser, if it existed, is a defense which can not be raised by a general denial, but must be affirmatively pleaded in the answer and the burden is on the defendant making the plea.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The defense of innocent purchaser for value without notice is not available to the defendant in this action, for the reason that the fact of his being an innocent purchaser, if it existed, is a defense which can not be raised by a general denial, but must be affirmatively pleaded in the answer and the burden is on the defendant making the plea. Holdsworth v. Shannon, 113 Mo. 508-524. (2) The authorities are to the effect that on the facts of this case defendant was not an innocent purchaser. Bank v. Yalentine, 18 BEun 417;…
1Opinion of the CourtSmith, P. J.
This is an action for money had and received. The answer was a traverse and denied the petition. The principal facts out of which the controversy arose may be aggregated in about this way. The plaintiff was an incorporated company operating a cattle ranch in New Mexico. In the year 1893, and for several years thereafter, one *297Slaughter was its president and general manager. In that year the said Slaughter shipped to Geneseo, Kansas, 478 head of cattle. One hundred and fifty head of these were the property of the plaintiff and were branded with the letter “S.” The remainder were the property of…
2Cases cited9 opinions
- State Bank v. FrameSupreme Court of Missouri · 1892
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
- Gate City Building & Loan Ass'n v. National Bank of CommerceSupreme Court of Missouri · 1894
- Napa Valley Wine Co. v. RinehartMissouri Court of Appeals · 1890
- Hess v. ClarkMissouri Court of Appeals · 1882
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3Cited by1 opinion
- Babbitt v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1910