Bidault v. Wales
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was an action by Bidault & Co. to recover sixteen hogsheads of sugar, or the value, consigned to defendants as the factors of one Whiting, who claimed the sugar under an alleged sale to him by the plaintiffs, which, as the latter insisted, did not pass the title, by reason of his fraud. The allegations of the original petition are stated in the opinion of the court when the cause was -formerly here. (19 Mo.
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Appeal from St. Louis Circuit Court. This was an action by Bidault & Co. to recover sixteen hogsheads of sugar, or the value, consigned to defendants as the factors of one Whiting, who claimed the sugar under an alleged sale to him by the plaintiffs, which, as the latter insisted, did not pass the title, by reason of his fraud. The allegations of the original petition are stated in the opinion of the court when the cause was -formerly here. (19 Mo. Rep. 36.) After it was remanded, the plaintiffs amended their petition, by stating that “Whiting purchased and received the possession of the…
1Opinion of the CourtLeonard, Judge
1. This judgment must be reversed on account of the instruction given to the jury as to the law of the case.
When it was here before (19 Mo. Rep. 86,) this court held in substance, that a purchaser did not acquire a valid title to property if he got it under the mere form of a purchase, made with a preconceived design of never paying for it; but that mere inability to pay, even if known to the purchaser at the time of the purchase and concealed from the seller, did not avoid the sale ; and we think the law was correctly laid down ; but however that may be, it was the judgment of this court,…
2Cases cited1 opinion
- Sybert v. JonesSupreme Court of Missouri · 1853
3Cited by19 opinions
- GM Card v. Cox (In Re Cox)United States Bankruptcy Court, D. Massachusetts · 1995
- Starr Bros. v. StevensonSupreme Court of Iowa · 1894
- Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Manheimer v. HarringtonMissouri Court of Appeals · 1886
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