Feder v. Abrahams
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court,. Hon. Lerov B. Valliant, Judge. A sale made in reliance upon false and fraudulent representations as to the financial responsibility of the vendee may be rescinded by the vendor, unless the goods have,' prior to such rescission,- fallen into the hands of an innocent purchaser for value. ' One who takes goods in satisfaction of a precedent debt is not such an innocent purchaser for value, unless a new consideration moves from him.
Read the full summary
Appeal from the St. Louis Circuit Court,. Hon. Lerov B. Valliant, Judge. A sale made in reliance upon false and fraudulent representations as to the financial responsibility of the vendee may be rescinded by the vendor, unless the goods have,' prior to such rescission,- fallen into the hands of an innocent purchaser for value. ' One who takes goods in satisfaction of a precedent debt is not such an innocent purchaser for value, unless a new consideration moves from him. Hess v. Clark, 11 Mo. App. 492; Milling Co. v. Turner, 23 Mo. App. 103; Deere v. Marsden, 88 Mo. 512; Oates v. Bank, 100 XJ.…
1Opinion of the CourtRombauer, J.
The plaintiffs brought an action of replevin against both defendants for the recovery of certain goods, and obtained an order of delivery. The sheriff made return that he took the property out of the possession of Desberger, one of the defendants, and delivered it to one of the plaintiffs. Desberger appeared and answered, denying plaintiffs’ ownership and right, of possession. Abrahams failed to answer.
Upon the trial the plaintiffs gave evidence tending to show that the goods were sold by them on credit to defendant, Abrahams, July 26, 1886. They also gave evidence tending to show that…
2Cases cited3 opinions
- Deere v. MarsdenSupreme Court of Missouri · 1885
- Davis v. RandolphMissouri Court of Appeals · 1877
- Hess v. ClarkMissouri Court of Appeals · 1882
3Cited by12 opinions
- State Bank v. FrameSupreme Court of Missouri · 1892
- Loewen v. ForseeSupreme Court of Missouri · 1897
- Sinnott v. . FeiockNew York Court of Appeals · 1901
- Conrad v. FisherMissouri Court of Appeals · 1889
- Riciotto v. ClementCalifornia Supreme Court · 1892
7 more not listed; retrieve them via the Exa API.