Hargadine-McKittrick Dry Goods Co. v. Sappington & Renshaw
Missouri Court of Appeals
Appeal from Monitean Circuit Court. — Ho». Jas. E. Hazell, Judge. (1) Section 415 of the Revised Statutes as to settlement of priorities in attachments, is construed hy the Supreme Courtin its general application. Stephenson v. Stationery Co., 142 Mo. 13; Drake on Attachments, 455; Talbot v. Harding, 10 Mo. 350; Prichard v. Toole, 53 Mo. 358; Harris v. Harris, 25 Mo.
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Appeal from Monitean Circuit Court. — Ho». Jas. E. Hazell, Judge. (1) Section 415 of the Revised Statutes as to settlement of priorities in attachments, is construed hy the Supreme Courtin its general application. Stephenson v. Stationery Co., 142 Mo. 13; Drake on Attachments, 455; Talbot v. Harding, 10 Mo. 350; Prichard v. Toole, 53 Mo. 358; Harris v. Harris, 25 Mo. App. 501. (2) The money was not borrowed of the bank for the firm, and if it had been, the bank could not claim a prior lien to that of the firm creditors. Farmers Bank v. Bayliss, Hndgers, 35 Mo. 428; Farmers Bank v. Bayliss, 41…
1Opinion of the CourtEllison, J.
The mercantile partnership of'Sapington & Renshaw became insolvent and they committed acts which caused several of their creditors to attach the partnership property. One .of these partnership creditors was plaintiff, the Hargadine-McKittrick Dry Goods Company. The defendant, Moniteau National Bank, was an individual creditor of Renshaw. The bank levied an attachment for Renshaw’s individual debt, on the partnership property prior to the levy made by either of the partnership creditors. The attachments were all confessed. The partnership had given a chattel mortgage on the property before any…
2Cases cited6 opinions
- Goddard-Peck Grocery Co. v. McCuneSupreme Court of Missouri · 1894
- Hundley v. FarrisSupreme Court of Missouri · 1890
- Level v. FarrisMissouri Court of Appeals · 1887
- R. L. McDonald & Co. v. Cash & HaindsMissouri Court of Appeals · 1894
- Hill v. BellSupreme Court of Missouri · 1892
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