Lawrence v. Owens
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — How. ’ Cybus A. Anthony, Jtidge. (1) Can the lien, or right in the nature of a lien, secured to creditors by section 2353 of the Revised Statutes, be waived ? If so, has it not been waived in this case ? Shelley v. Boothe, 73 Mo. 74; Holmes r. Braidwood, 82 Mo. 610 ; Singer r. Goldenburg, 17 Mo. App. 549; Wagon Worlcs v. Carman, 109 Ind. 31; Berlin r. O'Neill, 6 Daly, 305; Luddenr.
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Appeal from the Nodaway Circuit Court. — How. ’ Cybus A. Anthony, Jtidge. (1) Can the lien, or right in the nature of a lien, secured to creditors by section 2353 of the Revised Statutes, be waived ? If so, has it not been waived in this case ? Shelley v. Boothe, 73 Mo. 74; Holmes r. Braidwood, 82 Mo. 610 ; Singer r. Goldenburg, 17 Mo. App. 549; Wagon Worlcs v. Carman, 109 Ind. 31; Berlin r. O'Neill, 6 Daly, 305; Luddenr. Hazen, 31 Barb. 650. (2) Were appellants ‘ ‘ innocent purchasers for value, without notice of the existence of the prior claim for the purchase money?” It has been clearly…
1Opinion of the CourtGill, J.
This is an action of replevin instituted by the plaintiffs against defendant, sheriff of Nodaway county, for the recovery of a stock of boots and shoes. Defendant had judgment below and plaintiffs appeal to this court. The cause was submitted to the court, sitting as a jury, on an agreed statement of facts, the substance of which is as follows:
Wm. A. Daggett, a retail boot and shoe merchant, at Maryville, Missouri, had, in the prosecution of his business, become indebted, in various sums, to several firms of wholesale dealers, among whom were plaintiffs, Lawrence, Manning & Cushing and some…
2Cases cited10 opinions
- Austin v. LoringSupreme Court of Missouri · 1876
- Butters v. HaughwoutIllinois Supreme Court · 1866
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
- Winchester Wagon Works & Manufacturing Co. v. CarmanIndiana Supreme Court · 1887
- Melton v. SmithSupreme Court of Missouri · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Bank v. FrameSupreme Court of Missouri · 1892
- Napa Valley Wine Co. v. RinehartMissouri Court of Appeals · 1890
- Bent v. JerkinsSupreme Court of Alabama · 1895
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
- Bass, Heard & Howle v. International Harvester Co. of AmericaSupreme Court of Alabama · 1910
3 more not listed; retrieve them via the Exa API.