Legal Opinion

State ex rel. Hakemeyer v. Hellman

Missouri Court of Appeals

Decided January 5, 1886PublishedCited by 2 opinions

Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. A sale of personal property, unless followed by an open and visible change of possession within a reasonable time, regard. being had to the situation of the property, is fraudulent and void as against creditors. Rev. Stat., sect. 2505; Claflin. v. Rosenberg, 42 Mo. 439; Lesem v. Herriford, 44 Mo. 326. What is a reasonable time, is a question of law for the court.

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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. A sale of personal property, unless followed by an open and visible change of possession within a reasonable time, regard. being had to the situation of the property, is fraudulent and void as against creditors. Rev. Stat., sect. 2505; Claflin. v. Rosenberg, 42 Mo. 439; Lesem v. Herriford, 44 Mo. 326. What is a reasonable time, is a question of law for the court. Wright v. McCormick, 67 Mo. 426-430; Stern v. Henley, 68 Mo. 262-263 ; Stewart v. Nelson, 79 Mo. 524; Dyas v. Harrison 14 Mo. App. 363. A sale of personal property,…

1Opinion of the CourtLewis, P. J.

Ullman, Bloom & Company instituted proceedings by attachment against Post & Grawe, who kept a cigar and tobacco store at 920 Broadway, St. Louis, and caused to be seized a part of the stock found on the premises, which was claimed in due form under the statute, by the present beneficiary plaintiff. The present defendants are sureties on the indemnifying bond given by the attaching plaintiff. The verdict and judgment were for the plaintiff, in the court below. .

There was testimony tending to show that the plaintiff had been in the employ of Post & Grawe, as a porter, for about nine years, and…

2Cases cited5 opinions

  1. Wright v. McCormickSupreme Court of Missouri · 1878
  2. Stewart v. NelsonSupreme Court of Missouri · 1883
  3. Dyas v. HansonMissouri Court of Appeals · 1883
  4. Stern v. HenleySupreme Court of Missouri · 1878
  5. Franklin v. GumersellMissouri Court of Appeals · 1881

3Cited by2 opinions

  1. State ex rel. Sondheimer Co. v. StoneMissouri Court of Appeals · 1905
  2. T. J. Boyd & Co. v. PottleMissouri Court of Appeals · 1896

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