Legal Opinion

State ex rel. Moll v. Brockman

Missouri Court of Appeals

Decided January 21, 1890PublishedCited by 6 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisi-ier, Judge. f (1) The evidence did not show a delivery of the goods to Moll before the deed of assignment; hence the title passed to the assignee. (2) The court erred in refusing to instruct the jury that the conveyance to Moll was invalid, if made with the intent to prevent the property transferred from going into the hands of the assignee.

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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisi-ier, Judge. f (1) The evidence did not show a delivery of the goods to Moll before the deed of assignment; hence the title passed to the assignee. (2) The court erred in refusing to instruct the jury that the conveyance to Moll was invalid, if made with the intent to prevent the property transferred from going into the hands of the assignee. (3) The court erred in refusing to instruct the jury that the preference of the Franklin Bank was illegal, and that the transfer to Moll, made to effect such preference, was also illegal.…

1Opinion of the CourtBiggs, J.

On the thirty-first day of January, 1888, the defendants instituted an attachment suit against the Kendall-Bayle Cracker Company, and they instructed the sheriff to levy the writ of attachment on certain goods, which they claimed belonged to the “cracker company.” The relator filed with the sheriff a written claim, properly verified, in which he asserted ownership in the goods. The defendants gave the required bond, and the goods were sold under the attachment proceedings. The bond so given forms the basis of the present action, in which the relator seeks to recover of the defendants and…

2Cases cited10 opinions

  1. Sexton v. AndersonSupreme Court of Missouri · 1888
  2. Roan v. WinnSupreme Court of Missouri · 1887
  3. Foster v. Mullanphy Planing Mill Co.Supreme Court of Missouri · 1887
  4. Eppright v. NickersonSupreme Court of Missouri · 1883
  5. Chew v. EllingwoodSupreme Court of Missouri · 1885

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3Cited by6 opinions

  1. White v. University Land Co.Missouri Court of Appeals · 1892
  2. City National Bank v. Goshen Woolen Mills Co.Indiana Court of Appeals · 1903
  3. Warren v. MayerMissouri Court of Appeals · 1912
  4. John V. Farwell Co. v. SweetzerColorado Court of Appeals · 1897
  5. Frost v. RedfordMissouri Court of Appeals · 1893

1 more not listed; retrieve them via the Exa API.

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