Whitson v. Farber Bank
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Now. N. IF. Johnson, Judge.. (1) The papers in the bankruptcy case were inadmissible in evidence because they failed to show that, the Sisk Bros, had been personally served with process and also failed to show that they appeared. And further the proof was undisputed that one of the alleged bankrupts was a resident of the State of California..
Read the full summary
Appeal from Audrain Circuit Court. — Now. N. IF. Johnson, Judge.. (1) The papers in the bankruptcy case were inadmissible in evidence because they failed to show that, the Sisk Bros, had been personally served with process and also failed to show that they appeared. And further the proof was undisputed that one of the alleged bankrupts was a resident of the State of California.. Bors v. Preston, 111 U. S. 252; National Bankruptcy Law, sec. 2a, subsection 1; Brandenburg on Bankruptcy (2 Ed.), p. 21, sec. 4; In re Waukesha Water Co., 8 Am. B. R. 715; In re Laskaris, 1 Am. B. R. 480. (2) Error…
1Opinion of the CourtGoode, J.
The respondent is a trustee in bankruptcy in charge of the estate of Sisk Bros., and as such instituted this action against the appellant for the value of a stock of merchandise, formerly owned by the firm; which was composed of Bobert E. and Geo. W. Sisk and engaged, in the mercantile business at Farber, in Audrain county. The value of the stock was alleged to be $2,794.52.
The answer was a general denial.
On May 8, 1902, Sisk Bros, were indebted to the Farber Bank in the sum of $640, to secure which they gave a chattel mortgage on their stock of goods. The mortgage was not recorded until June…
2Cases cited6 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Anderson v. VolmerSupreme Court of Missouri · 1884
- Wheeler v. St. Joseph Stock Yards & Terminal Co.Missouri Court of Appeals · 1896
- North v. HouseDistrict Court, W.D. Texas · 1796
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Davidson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912