Bauer Grocery Co. v. Smith
Missouri Court of Appeals
Appeal from the Pettis Circuit Court.—Hon. Bichard Field, Judge. (1) If it is agreed between mortgagor and mortgagee, that former should remain in possession of' stock of goods in trade and sell in usual course of business, the mortgage is fraudulent as to both prior and subsequent creditors. R. S. 1889, sec. 5169; Jones on Chattel Mortgages [3 Ed.], sec. 397 and authorities there cited; Sauer v. Behr, 49 Mo. App. 86 and authorities there cited; Smith v. Ham, 51 Mo.
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Appeal from the Pettis Circuit Court.—Hon. Bichard Field, Judge. (1) If it is agreed between mortgagor and mortgagee, that former should remain in possession of' stock of goods in trade and sell in usual course of business, the mortgage is fraudulent as to both prior and subsequent creditors. R. S. 1889, sec. 5169; Jones on Chattel Mortgages [3 Ed.], sec. 397 and authorities there cited; Sauer v. Behr, 49 Mo. App. 86 and authorities there cited; Smith v. Ham, 51 Mo. App. 433; Eley, Bato den $ Co. v. Watlcins, 39 Mo. App. 27; Bullenev. Barrett, 87 Mo. 185; McCarthy v. Miller, 41 Mo. App.. 200;…
1Opinion of the CourtEllison, J.
—Plaintiff instituted an action on an account against defendant and afterwards sued out an attachment in aid, on the ground that defendant had fraudulently conveyed his property so as to hinder and delay his creditors, as well as that he had fraudulently concealed his property so as to hinder and delay his creditors. Defendant filed a plea in abatement, in which issue was taken with the affidavit for the attachment. A trial on this plea resulted in a verdict for defendant, on a peremptory instruction from the court.
Objection was made to the affidavit in that the affiant was not the plaintiff…
2Cases cited1 opinion
- Bullene v. SmithSupreme Court of Missouri · 1880
3Cited by3 opinions
- State ex rel. Mayer v. O'NeillSupreme Court of Missouri · 1899
- Bauer Grocery Co. v. SmithMissouri Court of Appeals · 1898
- Silver Peak Mines v. HanchettU.S. Circuit Court for the District of Nevada · 1897