Springate ex rel. Nelson Distilling Co. v. Koppelman Furniture Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The mortgage was not void, because for two or three days after executing the mortgage Nortmann kept his saloon open and received the proceeds. There is no evidence that he appropriated the proceeds to his own use, or that he intended so to do. If he did intend to so appropriate them, the distilling company was not party to or advised of such intention.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The mortgage was not void, because for two or three days after executing the mortgage Nortmann kept his saloon open and received the proceeds. There is no evidence that he appropriated the proceeds to his own use, or that he intended so to do. If he did intend to so appropriate them, the distilling company was not party to or advised of such intention. The fact that on the eighth day of July, when the agent of the distilling company went to New Haven, Nortmann paid him in cash $127 proves clearly that the…
1Opinion of the CourtRombauer, P. J.
The suit is upon an indemnity bond given by the defendants to Springate, a constable, to protect him against a claim made by the Nelson Distilling Company under the provisions of section 6311 of the Revised Statutes of 1889. The trial of the cause by the court without a jury resulted in a judgment for the defendants. No instructions were asked or given, and the only exception saved at the trial relates to the judgment itself, which the plaintiff claims is contrary to the evidence.
The property levied on consists of certain bar-room utensils and a'stock of liquors, which were seized in the…
2Cases cited8 opinions
- Wright v. McCormickSupreme Court of Missouri · 1878
- State ex rel. McGrath v. CarrollMissouri Court of Appeals · 1887
- Barnett v. TimberlakeSupreme Court of Missouri · 1874
- Gentry v. TempletonMissouri Court of Appeals · 1891
- Kennedy v. DodsonMissouri Court of Appeals · 1891
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3Cited by6 opinions
- Fowler v. RandallMissouri Court of Appeals · 1903
- Wyeth Hardware Co. v. Carthage Hardware Co.Missouri Court of Appeals · 1898
- Schermer v. McMahonMissouri Court of Appeals · 1904
- F. O. Sawyer Paper Co. v. ManganMissouri Court of Appeals · 1894
- In re Irwin's EstateMissouri Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.