Fearey v. O'Neill
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Albo Miller conveyed to George D. Fearey the contents of a shoe store in trust to secure the payment of certain of the debts of said Miller to third parties named in the deed. This instrument did not operate to convey any title to the property therein described to the plaintiff, Fearey, until the beneficiaries therein named accepted it.
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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Albo Miller conveyed to George D. Fearey the contents of a shoe store in trust to secure the payment of certain of the debts of said Miller to third parties named in the deed. This instrument did not operate to convey any title to the property therein described to the plaintiff, Fearey, until the beneficiaries therein named accepted it. Huh v. Garvin, 125 Mo. 563. (2) The instructions are erroneous in that they submit to the jury the issue of the “fraudulent intent” of Miller and Fearey, require the defendant to prove that'…
1Opinion of the CourtGantt, P. J.
This is an action of replevin for a stock of shoes which Albo Miller had owned as a retail merchant at number 101 East Twelfth street in Kansas City, Missouri, up to December 3, 1894. On that day, being indebted to various persons for goods sold to him, and for money loaned, and to his clerks and employees for services, he conveyed, by a deed of trust in the nature of a chattel mortgage to George D.Eearey and his successors in said trust and their assigns, all of said stock, with the right upon default to take immediate possession of said goods and sell the same in any manner he should see…
2Cases cited15 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Cottrill v. KrumSupreme Court of Missouri · 1890
- Tompkins v. WheelerSupreme Court of the United States · 1842
- Muehlhausen v. St. Louis RailroadSupreme Court of Missouri · 1886
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3Cited by18 opinions
- Dorman v. East St. Louis Railway Co.Supreme Court of Missouri · 1934
- Rockenstein v. RogersSupreme Court of Missouri · 1930
- Beier v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Jacobs v. City of Cedar RapidsSupreme Court of Iowa · 1917
- State ex rel. Mayer v. O'NeillSupreme Court of Missouri · 1899
13 more not listed; retrieve them via the Exa API.