McIntosh v. Smiley
Supreme Court of Missouri
Certified from Kansas City Court of Appeals. (1) The court committed error in giving the instruction by which the jury was directed to find for defendant. The case must go to the jury. The evidence not only tends to prove plaintiff’s cause of action, but is direct, positive, strong and uncontroverted and makes a strong case. Matthews v. Elevator Go., 50 Mo. 149; Bowen v. Lazalere, 44 Mo. 383; Wilson v. Board, 63 Mo. 137; Grady a. Ins.
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Certified from Kansas City Court of Appeals. (1) The court committed error in giving the instruction by which the jury was directed to find for defendant. The case must go to the jury. The evidence not only tends to prove plaintiff’s cause of action, but is direct, positive, strong and uncontroverted and makes a strong case. Matthews v. Elevator Go., 50 Mo. 149; Bowen v. Lazalere, 44 Mo. 383; Wilson v. Board, 63 Mo. 137; Grady a. Ins. Go., 60 Mo. 116; Biiesching v. Gaslight Go., 73 Mo. 219; Smith v. Hutchinson, 83 Mo. 683; Brewington ?>. Jenkins, 85 Mo. 57; Groll v. Tower, 85 Mo. 249 ;…
1Opinion of the CourtBrace, J.
This case is certified here from the Kansas City court of appeals, as being in conflict with previous decisions rendered by the St. Louis court of appeals. It is reported in 32 Mo. App. 125. The conclusion reached by the Kansas City court of appeals in this case, that a bona fide sale of goods and chattels, the possession of which is not taken, within a reasonable time after the sale, within the meaning of section 2505, Revised Statutes, 1879, is not void, as to an -existing creditor at the time of the sale, if before the institution of an attachment suit by such creditor the vendee takes and…
2Cases cited2 opinions
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- McIntosh v. SmileyMissouri Court of Appeals · 1888
3Cited by13 opinions
- Barton v. SitlingtonSupreme Court of Missouri · 1895
- Williams v. KirkMissouri Court of Appeals · 1897
- Harrison v. South Carthage Mining Co.Missouri Court of Appeals · 1902
- Toney v. GoodleyMissouri Court of Appeals · 1894
- Western Mining Supply Co. v. QuinnMontana Supreme Court · 1909
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