Walter v. Wimer
Supreme Court of Missouri
Appeal from, St. Louis Court of Common Pleas. In this suit, the plaintiff, Walter, claiming title to a certain stock of goods, under an assignment by Gustave and Ferdinand Yogeler to himself, as trustee, to secure a debt of $4000 due to one Carl Yogeler, which said stock of goods had been seized by defendant, Wimer, as sheriff of St. Louis county, under a writ of attachment issued in favor of certain persons, also defendants, and had been sold by said Wimer, seeks to recover…
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Appeal from, St. Louis Court of Common Pleas. In this suit, the plaintiff, Walter, claiming title to a certain stock of goods, under an assignment by Gustave and Ferdinand Yogeler to himself, as trustee, to secure a debt of $4000 due to one Carl Yogeler, which said stock of goods had been seized by defendant, Wimer, as sheriff of St. Louis county, under a writ of attachment issued in favor of certain persons, also defendants, and had been sold by said Wimer, seeks to recover damages for the alleged destruction of the security held by him for the payment of the debt. The deed of trust to…
1Opinion of the CourtLeoNaed, Judge
The only difference between this case and that of Brooks v. Wimer, (20 Mo. 503,) is that here it was made the duty of the grantors “to keep up the stock of goods” out of the proceeds of the sale of them. In both cases, the grantor was authorized to dispose of the goods as owner, and not to enjoy the possession merely until the secured debt should become due. In the former case, no duty was imposed upon him in relation to the disposition of the proceeds of the sale ; but here an obligation is put upon him to apply as much as may be necessary for that purpose to the keeping up of the stock in…
2Cases cited1 opinion
- Brooks v. WimerSupreme Court of Missouri · 1855
3Cited by15 opinions
- State ex rel. Voullaire v. TaskerSupreme Court of Missouri · 1862
- White v. GravesSupreme Court of Missouri · 1878
- Bigelow v. StringerSupreme Court of Missouri · 1867
- Thompson v. FoerstelMissouri Court of Appeals · 1881
- Armstrong v. TuttleSupreme Court of Missouri · 1864
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