Manheimer v. Harrington
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, George W. Lubke, Judge. The validity of a sale depends upon the good faith of the vendee. He has the right to purchase goods although he is insolvent and knows himself to be insolvent. Bidault v. Wales, 19 Mo. 36: Redington v. Roberts, 25 Yt. 686; Rodman v. TTialheimer, 75 Pa.
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Appeal from the St. Louis Circuit Court, George W. Lubke, Judge. The validity of a sale depends upon the good faith of the vendee. He has the right to purchase goods although he is insolvent and knows himself to be insolvent. Bidault v. Wales, 19 Mo. 36: Redington v. Roberts, 25 Yt. 686; Rodman v. TTialheimer, 75 Pa. St. 232; Klopenstein v. Mulcahy, 4 Nev. 296; Morrill v. Blackman, 42. Conn. 324. The question whether the vendee obtains possession of goods with the intent never to pay for them is a question of fact, and this fact must be proved affirmatively. Earl of Bristol v. Wilsmore, 1…
1Opinion of the CourtThompson, J.
This is an action of replevin for some goods sold and delivered by the plaintiff to Leubrie Brothers. The candor and discriminations of the opposing counsel have narrowed the question for our decision down to this : whether the court committed an error of which the defendants *299can complain in giving at the request of the plaintiffs the two following instructions:
“3. If the jury believe from the evidence that Leubrie Brothers, at the time of the purchase of the cloaks in question, were in good or ordinary credit, but in fact were insolvent; and if the jury shall find that they did not, at the…
2Cases cited4 opinions
- Bidault v. WalesSupreme Court of Missouri · 1853
- Bidault v. WalesSupreme Court of Missouri · 1855
- Fox v. WebsterSupreme Court of Missouri · 1870
- Thomas v. FrelighMissouri Court of Appeals · 1880
3Cited by15 opinions
- Pfa Farmers Market Association v. WearCourt of Appeals for the Eighth Circuit · 1978
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Mosby v. McKee, Zook & Whiteford Commission Co.Missouri Court of Appeals · 1902
- Beebe v. HatfieldMissouri Court of Appeals · 1896
- Boyles v. BurnettMissouri Court of Appeals · 1923
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