Charles F. Netzow Manufacturing Co. v. Baker
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. Haywood Scott, Judge. (1) A factor has no power tb .transfer the title of his principal to goods consigned to him for sale, in payment of a precedent debt due from himself, and a creditor who receives the goods under such an arrangement, though acting in good faith, and in ignorance of the fact that the goods do not belong to the factor, acquires no title, as against the principal. Warner v. Martin, 11 Howard (TJ.
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Appeal from Jasper Circuit Court. — Eon. Haywood Scott, Judge. (1) A factor has no power tb .transfer the title of his principal to goods consigned to him for sale, in payment of a precedent debt due from himself, and a creditor who receives the goods under such an arrangement, though acting in good faith, and in ignorance of the fact that the goods do not belong to the factor, acquires no title, as against the principal. Warner v. Martin, 11 Howard (TJ. S.) 224; Potter v. Dennison, 10 111. 590; 12 Am. and Eng. Ency. Law (2 Ed.), p. 697, note; 19 Cyc. 174, 175. (2) In the following Missouri…
1Opinion of the Court
JOHNSON, J.-
— Action in replevin to recover the possession of two pianos and two piano stools. A trial resulted in a judgment for defendant and the cause is here on the appeal of ifiaintiff. The facts of the case are as follows: Plaintiff, a manufacturer of pianos at Milwaukee, Wisconsin, consigned the property in controversy to a factor in Jasper county, for sale in the usual course of business. Afterward the factor entered into a contract, with defendant by the terms of which he agreed to buy a stock of merchandise of defendant and to exchange therefor certain real property. Further he…
2Cases cited7 opinions
- Chouteau v. RowseSupreme Court of Missouri · 1886
- Layton v. RineySupreme Court of Missouri · 1862
- Hageman v. MorelandSupreme Court of Missouri · 1862
- Poe v. DominicSupreme Court of Missouri · 1870
- State ex rel. Meramec Iron Co. v. GaddySupreme Court of Missouri · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Diamond Rubber Co. v. WernickeMissouri Court of Appeals · 1912