Winona Wagon Co. v. Feaster
Missouri Court of Appeals
Appeal from Henry Circuit Court.—Hon. G. A. Galvird, Judge. (1) Hopeless insolvency of McKee & Corman Hardware Company was conclusively shown without denial. This alone, even if no representations whatever, justified rescission. The court so declared (Abst. 27, Dec. Law 1). Mfg. Co. v. Troll, 77 Mo. App. 345; Leedom v. Ward, 38 Mo. App. 432; Elsass v. Harrington, 28 Mo.
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Appeal from Henry Circuit Court.—Hon. G. A. Galvird, Judge. (1) Hopeless insolvency of McKee & Corman Hardware Company was conclusively shown without denial. This alone, even if no representations whatever, justified rescission. The court so declared (Abst. 27, Dec. Law 1). Mfg. Co. v. Troll, 77 Mo. App. 345; Leedom v. Ward, 38 Mo. App. 432; Elsass v. Harrington, 28 Mo. App. 304. (2) With plaintiff’s conclusive and wholly uncontested proof of sale based upon false representations, and hopeless insolvency of the buyer, plaintiff having offered to return the notes before suit, and in its…
1Opinion of the CourtEllison, P. J.
This is an action of replevin for a number of wagons. The judgment in the trial court was for the defendant.'
In the month of July, 1913, plaintiff who resides in Minnesota sold and delivered to McKee & Gorman Hardware Company in Missouri several wagons for tbe purchase price of which the Hardware Company executed its four negotiable promissory notes aggregating $1244, due at different dates. Plaintiff negotiated the notes to a bank in Minnesota. The Hardware Company obtained credit for the wagons by fraudulent representations as to its financial condition. It made an assignment to one…
2Cases cited4 opinions
- Kingman-Moore Implement Co. v. EllisMissouri Court of Appeals · 1907
- Noel v. HughesMissouri Court of Appeals · 1911
- Boehm v. American PatriotsMissouri Court of Appeals · 1913
- Putnam v. BoyerMissouri Court of Appeals · 1913
3Cited by2 opinions
- Wilks v. StoneMissouri Court of Appeals · 1960
- Federal Life Ins. Co. v. WrightCourt of Appeals of Texas · 1921