Keet-Roundtree Dry Goods Co. v. Hodges
Missouri Court of Appeals
Appeal from Douglas County Circuit Court. — Ron. John T. Moore, Judge. (1) Where it is understood between the seller of a stock of goods and the person for whose use the goods were transferred, that the seller shall remain in possession, and continue to sell in the ordinary course of business, it is sufficient to support an attachment on the ground that the seller has fraudulently conveyed and assigned his property to hinder and delay creditors.
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Appeal from Douglas County Circuit Court. — Ron. John T. Moore, Judge. (1) Where it is understood between the seller of a stock of goods and the person for whose use the goods were transferred, that the seller shall remain in possession, and continue to sell in the ordinary course of business, it is sufficient to support an attachment on the ground that the seller has fraudulently conveyed and assigned his property to hinder and delay creditors. Reed v. Petteter, 28 Mo. 173. (2) A mere temporary change of possession, although it might be g’ood, as between the parties, cannot avail, against…
1Opinion of the CourtRobertson, P. J.
On April 15,1912, the plaintiff sued the defendants in a justice of the peace court, alleging that they Were partners, and three days later procured a writ of attachment and on April 23, 1912, levied on a portion of the stock of goods in'possession of defendant N. J. Hodges, individually, or as a member of the firm of W. G. Hodges & Son, at Merritt in Douglas county. R. E. Lewis on April 30, 1912, filed with said justice of the peace an interplea, claiming to be the owner of said property at the time of the levy under said writ. On the same day a jury trial of the interplea was had, which…
Also in this document: Concurrence.
2Cases cited14 opinions
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Black v. EpsteinSupreme Court of Missouri · 1909
- McNichol v. United States Mercantile Reporting AgencySupreme Court of Missouri · 1881
- Welch v. MorrisSupreme Court of Missouri · 1906
- Brownwell & Wight Car Co. v. BarnardSupreme Court of Missouri · 1897
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3Cited by4 opinions
- Lindquist v. Kansas City Public Service Co.Supreme Court of Missouri · 1943
- Smith v. Wabash RailroadSupreme Court of Missouri · 1960
- Cochrane v. First State BankMissouri Court of Appeals · 1918
- White v. McCoy Land Co.Missouri Court of Appeals · 1935