Schwabacher v. Kane
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. The evidence fails to show the debtor’s insolvency. — Durgy v. O'Brien, 5 Cent.
Read the full summary
Appeal from the St. Louis Circuit Court, Boyle, J. The evidence fails to show the debtor’s insolvency. — Durgy v. O'Brien, 5 Cent. L. J. 147; Rogers v. Thomas, 20 Conn. 54; 1 Pars, on Con. 595, 596. The laches of the vendor deprives him of the right of stoppage in transitu. — Oalahan v. Bab-cock, 21 Ohio St. 281; Martin v. Fritch, 6 Wend. 103. Notice must be given. — Benj. on Sales, sects. 859, 860; Story on Sales, 267 ; 1 Pars, on Con. 597 ; Chitty on Con. 461; Whitehead v. Anderson, 9 Mee. & W. 518. If a vendor, after he delivers goods to a carrier, discovers his vendee is insolvent, he may…
1Opinion of the CourtLewis, P. J.
This is an action of replevin for two barrels of whiskey. The plaintiffs were wholesale liquor dealers in Louisville, Kentucky, and James Manley kept a saloon in the city of St. Louis. About July 1, 1881, Manley ordered of the plaintiffs two barrels of whiskey, and the goods here in controversy were thereupon shipped by the plaintiffs to Manley, so that they arrived at the railroad depot in St. Louis about the 10th of July. At about the same time, Manley sold out his entire stock, fixtures, and business for $450, and disappeared from the city. The property sold was valued at $800, and was…
2Cases cited4 opinions
- Buckley v. Furniss & StickneyNew York Supreme Court · 1836
- O'brien v. Norris, Caldwell & Co.Court of Appeals of Maryland · 1860
- Eddy v. BaldwinSupreme Court of Missouri · 1862
- Morris v. ShryockMississippi Supreme Court · 1874
3Cited by6 opinions
- Adams v. PratherCalifornia Supreme Court · 1917
- Wight v. RohlffsCalifornia Court of Appeal · 1941
- Evans Garden Cultivator Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1896
- Schwall v. Higginsville Milling Co.Missouri Court of Appeals · 1916
- Letts-Spencer Grocery Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.