Wray v. Wrightsman
Missouri Court of Appeals
Appeal from Christian Circuit Court. — Hon. John T. Moore, Judge. (1) When goods are obtained through fraud, the vendor does not part, with his right to them. Kelley’s New Treatise for Justices and Constables (Ed. 1881), sec. 606; Plow Co. v. Wayland, 81 Mo. App. 305. (2) Although they may be in the hands of attaching creditors. Goodger v. Finn, 10 Mo. App. 226; Stein, Block & Go. v. Hill, 100 Mo.
Read the full summary
Appeal from Christian Circuit Court. — Hon. John T. Moore, Judge. (1) When goods are obtained through fraud, the vendor does not part, with his right to them. Kelley’s New Treatise for Justices and Constables (Ed. 1881), sec. 606; Plow Co. v. Wayland, 81 Mo. App. 305. (2) Although they may be in the hands of attaching creditors. Goodger v. Finn, 10 Mo. App. 226; Stein, Block & Go. v. Hill, 100 Mo. App. 38; Bidault v. Wales, 20 Mr. 546. (3) False representations as to minority is fraud and the seller can retake the goods. Kelley’s New Treatise for Justices and Constables (Second Ed. of 1881),…
1Opinion of the Court
GRAY, J. —
In June, 1907, the interpleader was conducting a second-hand store in Springfield, Mo., and at said time Carl Hale, one of the defendants, came to him and represented that he was of age, and thereby induced interpleader to sell to him an oven and bakery outfit, for which he gave a note, and chattel mortgage of $100. Hale moved the outfit to Ozark, Mo., where he and defendant, Ryan, entered into a partnership for the purpose of conducting a bakery business. They contracted debts with the plaintiffs herein, who were conducting a grocery store at Ozark. Shortly after, both Hale and…
2Cases cited6 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Ryan v. GrowneySupreme Court of Missouri · 1894
- S. Albert Grocer Co. v. GoetzMissouri Court of Appeals · 1894
- Nolan v. JonesSupreme Court of Iowa · 1880
- Bennett v. McLaughlinAppellate Court of Illinois · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Merrick v. StephensMissouri Court of Appeals · 1960
- Bowles, By, Etc. v. RutroffCourt of Appeals of Kentucky (pre-1976) · 1926