Worley ex rel. Standley v. Watson
Missouri Court of Appeals
Appeal from Nodaway Circuit Court, Hon. H. g. Kelley, Judge. Statement of case by the court. This is an action on an indemnifying bond. The facts, necessary to be stated, are, that one Clements in June, 1883, was the owner of the horse in controversy. The horse was then kept in the pasture of one Dowis for hire.
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Appeal from Nodaway Circuit Court, Hon. H. g. Kelley, Judge. Statement of case by the court. This is an action on an indemnifying bond. The facts, necessary to be stated, are, that one Clements in June, 1883, was the owner of the horse in controversy. The horse was then kept in the pasture of one Dowis for hire. In the latter part of that month the plaintiff Standley, through his agent Stone, bought said horse of Clements, and paid therefor by allowing a credit for the purchase money on a note, or notes, held by plaintiff against Clements. At the time of the purchase Stone directed Clements…
1Opinion of the CourtPhilips, P. J.
This case is determined upon the construction given to section 2505, Revised Statutes, which declares that: “Every sale made by a vendor of *552goods and chattels in his possession or under his control, unless the same be accompanied by delivery in a reasonable time, regard being had to the situation of the property, and be followed by an actual and continued change of the possession of the things sold, shall be held to be fraudulent and void, as against the creditors of the vendor, or subsequent purchasers, in good faith.”
The contention of defendants is, that there was no such overt act of…
2Cases cited4 opinions
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- Defiance Machine Works v. TrislerMissouri Court of Appeals · 1886
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- Knoop ex rel. Miller v. Nelson Distilling Co.Missouri Court of Appeals · 1887
- Elsass v. HarringtonMissouri Court of Appeals · 1887
- Harmon v. MorrisMissouri Court of Appeals · 1887
- Allgear v. WalshMissouri Court of Appeals · 1887
- Straus v. RothanMissouri Court of Appeals · 1890
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