Albert v. Besel
Supreme Court of Missouri
Appeal from Cape Girardeau Cotort of Common Pleas, Hon. R. B. Oliver, Special Judge. (1) Regenliardt should have been allowed to state why certain, notes were taken np and new ones given in their stead. Bump on Fr. Conv. (2 Ed.) 574; Potter v. McDowell, 31 Mo. 73. (2) The attachment affidavits read in evidence were incompetent.
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Appeal from Cape Girardeau Cotort of Common Pleas, Hon. R. B. Oliver, Special Judge. (1) Regenliardt should have been allowed to state why certain, notes were taken np and new ones given in their stead. Bump on Fr. Conv. (2 Ed.) 574; Potter v. McDowell, 31 Mo. 73. (2) The attachment affidavits read in evidence were incompetent. (3) The declarations of Besel, made after the transfer and while his grantees were in possession of the property conveyed, were not admissible against him. Stewart v. Thomas, 35 Mo. 202; Sutter v. Lackmann, 39 Mo. 91; Exchange Bank v. Russell, 50 Mo. 531; Boyd v.…
1Opinion of the CourtBlack, J.
The defendant, Besel, on the twenty-second of Marchj 1883, made a mortgage to Meyer on his stock of goods to secure a. debt of four hundred and fifty dollars. Schivelbeine about the same time sued Besel for a debt of four hundred dollars. The appellants, Regenhardt, Kempe and Popp, being sureties for Besel, became alarmed, and on the twenty-sixth of April following purchased Besel’s entire stock of goods, agreeing to pay him therefor two thousand one hundred dollars, received a bill of sale, and at once' took possession of the property so purchased. In payment therefor they gave their notes…
2Cases cited8 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Shelley v. BootheSupreme Court of Missouri · 1880
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Lew Weinrich & Co. v. PorterSupreme Court of Missouri · 1871
- Steward ex rel. Grantham v. ThomasSupreme Court of Missouri · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Brannock v. ElmoreSupreme Court of Missouri · 1893
- Fearey v. O'NeillSupreme Court of Missouri · 1899
- Alberger v. WhiteSupreme Court of Missouri · 1893
- Hombs v. CorbinMissouri Court of Appeals · 1889
24 more not listed; retrieve them via the Exa API.