Barbee & Co. v. Crawford
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) This suit was to recover the purchase price for the goods sold to the firm of Crawford & Carter. And the first and main question is, “Can the defendant, M’Elvain, who claims to have had a mortgage on the business of Crawford & Carter, in the Climax Saloon, be termed an innocent purchaser, for value to such an extent as to defeat plaintiff’s suit for purchase money?” Wine Co. v. Rinehart, 42 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) This suit was to recover the purchase price for the goods sold to the firm of Crawford & Carter. And the first and main question is, “Can the defendant, M’Elvain, who claims to have had a mortgage on the business of Crawford & Carter, in the Climax Saloon, be termed an innocent purchaser, for value to such an extent as to defeat plaintiff’s suit for purchase money?” Wine Co. v. Rinehart, 42 Mo. App. 171. (2) Plaintiff’s further contention is that defendant, McElvain, committed fraud against this plaintiff in putting…
1Opinion of the CourtGoode, J.
Prior to December 9, 1904, defendant J. M. McElvain had been conducting a saloon in the city of Oaruthersville. • On said day he sold the wines and liquors and good-will of the business to defendants Geo. O. Crawford and Herbert C. Carter, who thereafter, until July 7, 1905, conducted it under the firm name of Crawford & Carter. The contract of sale was in writing and by its terms the purchasers assumed and agreed to pay as it matured, all the indebtedness of the saloon, paid McElvain $500 cash and executed and delivered to him eight promissory notes of one hundred dollars each, falling due…
2Cases cited4 opinions
- Barton v. SitlingtonSupreme Court of Missouri · 1895
- Straus v. RothanSupreme Court of Missouri · 1890
- Brownell & Wight Car Co. v. BarnardSupreme Court of Missouri · 1893
- Finke v. PikeMissouri Court of Appeals · 1892
3Cited by6 opinions
- State Ex Rel. Lipic v. FlynnSupreme Court of Missouri · 1948
- State ex rel. Shipman v. AllenMissouri Court of Appeals · 1910
- Witham v. DelanoMissouri Court of Appeals · 1914
- Cupp v. McCallisterMissouri Court of Appeals · 1910
- R. Williams & Co. v. Farm & Home Savings & Loan Ass'nMissouri Court of Appeals · 1925
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