Third National Bank v. Smith
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. D. D. Fisher, Judge. Action for conversion. Judgment in trial court in favor of defendant. (1) Where the specific property to be transferred is ascertained and the terms of the transaction indicate a present sale, and not a mere agreement to sell, the title to the property vests in the vendee', and a bona fide purchaser from such vendee will be protected in his title. Glass v. Blazer Bros., 91 Mo.
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Appeal from St. Louis City Circuit Court.— Hon. D. D. Fisher, Judge. Action for conversion. Judgment in trial court in favor of defendant. (1) Where the specific property to be transferred is ascertained and the terms of the transaction indicate a present sale, and not a mere agreement to sell, the title to the property vests in the vendee', and a bona fide purchaser from such vendee will be protected in his title. Glass v. Blazer Bros., 91 Mo. App. 264; Grocer •Co. v. Clements, 69 Mo. APP- 446; Southwestern, etc., Co. v. Stanard, 44 Mo. 83; Lingham v. Eggleston, 27 Mich. 329; Lbr. Co. v.…
1Opinion of the CourtGoode, J.
(after stating the facts). — The facts of the case are related without any material discrepancy by the different witnesses, and the question is as to the ownership of the corn under the law when it was sold and the proceeds appropriated by the respondents. If the judgment in their favor was based on the belief that the appellant did not discount the draft of the *186Woodson-Young Grain Company and accept the assignment of the bill of lading in good faith and in the ordinary course of business, we find no evidence in the record to sustain such a conclusion. Nothing appears to impugn the bank’s…
2Cases cited10 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Lingham v. EgglestonMichigan Supreme Court · 1873
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Cunningham v. AshbrookSupreme Court of Missouri · 1855
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3Cited by5 opinions
- Wright v. Mississippi Valley Trust Co.Missouri Court of Appeals · 1910
- Burrton State Bank v. Pease-Moore Milling Co.Missouri Court of Appeals · 1912
- Boyd v. Bank of Mercer CountyMissouri Court of Appeals · 1913
- State v. Swift & Co.Supreme Court of Missouri · 1918
- Clark v. Crown Drug Co.Missouri Court of Appeals · 1940