Molaska Manufacturing Co. v. Steele & Walker
Court of Appeals of Kansas
Appeal from the Buchanan Circuit Court. — Hon.. R. B. Vineyard, Special Judge. Statement of the case by the court. The facts, briefly stated, giving rise to this suit, are these: On November 8, 1886, Thomas A. Davis, a retail grocery merchant at St. Joseph, Missouri, was indebted in excess of his ability to pay, and among his creditors were the garnishees herein, Steele and Walker, and the plaintiff manufacturing company.
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Appeal from the Buchanan Circuit Court. — Hon.. R. B. Vineyard, Special Judge. Statement of the case by the court. The facts, briefly stated, giving rise to this suit, are these: On November 8, 1886, Thomas A. Davis, a retail grocery merchant at St. Joseph, Missouri, was indebted in excess of his ability to pay, and among his creditors were the garnishees herein, Steele and Walker, and the plaintiff manufacturing company. On said November 8, at the solicitation of said Steele and Walker, Davis, the debtor, agreed to, and did, transfer his entire stock of goods, horse, wagon and accounts —…
1Opinion of the CourtGill, J.
— Of the errors complained of, we shall only notice one, as we do not regard the other matters of any substantial merit. Instruction numbered 4, given at the request of the garnishees, did not, we think, correctly advise the jury as to the law of this case. Said instruction reads as follows :
“4. The court instructs the jury that if they find from the evidence that the property mentioned in the bill of sale read in evidence was delivered to defendant, and that in consideration thereof said defendant paid said witness Davis the sum of one thousand dollars by satisfying debts held by them, and…
2Cases cited4 opinions
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Reed v. PelletierSupreme Court of Missouri · 1859
- State ex rel. Voullaire v. TaskerSupreme Court of Missouri · 1862
- Hanna v. FinleyMissouri Court of Appeals · 1889
3Cited by9 opinions
- First National Bank v. Kansas City Lime Co.Missouri Court of Appeals · 1891
- M. H. Pattison & Son v. LettonMissouri Court of Appeals · 1894
- Martin-Perrin Mercantile Co. v. PerkinsMissouri Court of Appeals · 1895
- Shanklin v. McCrackenSupreme Court of Missouri · 1899
- Gee v. Van Natta-Lynds Drug Co.Missouri Court of Appeals · 1904
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