Legal Opinion

Simmons Hardware Co. v. Pfeil

Missouri Court of Appeals

Decided April 2, 1889PublishedCited by 1 opinion

Appeal from, the St. Louis City Circuit Court. — IIon. Leroy B. Yalliant, Judge. “The vendee of personal property must take actual possession and the possession must be open, notorious and unequivocal, such as to apprise the community or those who are accustomed to deal with the party that the goods have changed hands and that the title has passed out of the seller and into the purchaser.”

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Appeal from, the St. Louis City Circuit Court. — IIon. Leroy B. Yalliant, Judge. “The vendee of personal property must take actual possession and the possession must be open, notorious and unequivocal, such as to apprise the community or those who are accustomed to deal with the party that the goods have changed hands and that the title has passed out of the seller and into the purchaser.” R. S., p. 419, sec. 2505; Claftin v. Rosenberg, 40 Mo. 439, 449, 450 ; Stewart v. Nelson, 79 Mo. 524; Stern v. Henley, 68 Mo. 262 ; Wright v. McCormack, 67 Mo. 426 ; State v. Frank, 22 Mo. App. 46; Knoop ex…

1Opinion of the CourtBiggs, J.

On the fifth day of September, 1887, defendants, who had been engaged in the tinware business in the city of St. Louis, under the firm-name of Pfeil & Bauer, made a general assignment for the benefit of their creditors. At the time of the assignment, defendants were indebted to plaintiff in the sum of $128.34, and to recover this debt, plaintiff on the eighth of September, 1887, instituted this suit by attachment, before a justice of the peace, assigning among other causes for the issuance of the attachment, that defendants had fraudulently conveyed or disposed of their property, so as to…

2Cases cited3 opinions

  1. Nichols v. PattenSupreme Judicial Court of Maine · 1841
  2. Bobb v. BobbMissouri Court of Appeals · 1879
  3. Lake v. MorrisSupreme Court of Connecticut · 1861

3Cited by1 opinion

  1. Charleston Co-op. v. A. W. Allen & Bros.Utah Supreme Court · 1912

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