Leeser v. Boekhoff
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Georoe W. Lubke, Judge. The sale was fraudulent and void as to creditors because not accompanied by delivery and followed by change of possession. R. S. 1879, sec. 2505. The retention of the old sign and license amounted to a declaration that Mrs. Gruner was still proprietor, thus negativing the idea of delivery and change of possession. Wright v. McCormick, 67 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Georoe W. Lubke, Judge. The sale was fraudulent and void as to creditors because not accompanied by delivery and followed by change of possession. R. S. 1879, sec. 2505. The retention of the old sign and license amounted to a declaration that Mrs. Gruner was still proprietor, thus negativing the idea of delivery and change of possession. Wright v. McCormick, 67 Mo. The clerks of the vendor remaining in possession amounts to the same thing as if she were in possession. The sale took place January 30, but there was no attempt at any delivery…
1Opinion of the Court
Thompson, J.,
delivered the opinion of the court..
This action is brought against two defendants for a joint trespass upon and conversion of a stock of goods and other personal property alleged to belong to the plaintiff. The answer, after a general denial, set up in successive paragraphs that the property was levied upon by the defendants under successive writs of attachment issued against their debtor, Caroline Grliner, who was the owner of the goods levied upon ; that prior to the levies Mrs. Gruner had made a pretended *229sale of them to the plaintiff with intent to hinder, delay and defrand…
2Cases cited16 opinions
- Wright v. McCormickSupreme Court of Missouri · 1878
- Chouquette v. BaradaSupreme Court of Missouri · 1859
- McMannus v. LeeSupreme Court of Missouri · 1869
- Cooper v. JohnsonSupreme Court of Missouri · 1884
- Jones v. JonesSupreme Court of Missouri · 1874
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Conrad v. FisherMissouri Court of Appeals · 1889
- Reed v. Peck, Guitar & WatsonSupreme Court of Missouri · 1901
- Speer v. BurlingameMissouri Court of Appeals · 1895
- Leeser v. BoekhoffMissouri Court of Appeals · 1889
- Gharst v. St. Louis Transit Co.Missouri Court of Appeals · 1905
4 more not listed; retrieve them via the Exa API.