Reid, Murdock & Co. v. Lloyd
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Bboadus, Judge. (1) Where one purchases goods intending never to pay for them, the sale is voidable at the election of the seller, and, as between the parties, property in the goods does not pass. Where a third party, with notice of facts which would put an ordinarily prudent man on inquiry, purchases the goods from the fraudulent vendee, the original owner may recover them, or their value from such third parties.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Bboadus, Judge. (1) Where one purchases goods intending never to pay for them, the sale is voidable at the election of the seller, and, as between the parties, property in the goods does not pass. Where a third party, with notice of facts which would put an ordinarily prudent man on inquiry, purchases the goods from the fraudulent vendee, the original owner may recover them, or their value from such third parties. Thomas v. Freligh, 9Mo. App. 151; Flsass v. Harrington, 28 Mo. App. 300; Price v. Lederer, 33 Mo. App. 426; Leedom v. Fruit…
1Opinion of the CourtSmith, P. J.
— Action, replevin to recover the possession of certain articles of merchandise. Answer, general denial and claim of property. At the trial there was a demurrer to the plaintiffs’ evidence interposed and by the court sustained, and from the judgment thereon the plaintiffs appeal. We are, therefore, called upon to review the action of the court upon the demurrer.
The disclosure of facts made by the evidence is something like this: The plaintiffs were wholesale grocer merchants at Chicago, and Marr & Shelton were retail dealers at Brookfield in this state. The traveling salesman, Cloud, of…
2Cases cited6 opinions
- State ex rel. O'Bryan v. KoontzSupreme Court of Missouri · 1884
- R. L. McDonald & Co. v. Cash & HaindsMissouri Court of Appeals · 1891
- Elsass v. HarringtonMissouri Court of Appeals · 1887
- Thomas v. FrelighMissouri Court of Appeals · 1880
- Leedom v. J. M. Ward Furniture, Stove & Carpet Co.Missouri Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pfa Farmers Market Association v. WearCourt of Appeals for the Eighth Circuit · 1978
- Strauss, Pritz & Co. v. S. Hirsch & Co.Missouri Court of Appeals · 1895
- Moore v. CarrMissouri Court of Appeals · 1896
- In Re Security Products CompanyDistrict Court, E.D. Missouri · 1969
- Standard Oil Co. v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1898
4 more not listed; retrieve them via the Exa API.