Bidault v. Wales
Supreme Court of Missouri
tAppeal from St. Louis Circuit Court. After a sale and delivery of merchandise, the vendor cannot recover the goods for the reason that the vendee was insolvent at the time he made the purchase, and then knew himself to be so. Story on Sales, §446. Cross v. Peters, 1 Greenl. 376. 2 Mason’s Rep. 236. 6 Wend. 77. 12 Pick. 307. cited Story on Sales, §176. Bokley v. Bigelow, 12 Pick. 312.
1Opinion of the CourtScott, Judge
Bidault k Co. stated, in their petition, that they sold at New Orleans to A. W. Whiting, of whom the defendants are con*37signees, sixteen hogsheads of sugar, to be paid for ten days after the sale ; that Whiting failed to pay at the time agreed upon ; that when the sale took place, Whiting was insolvent and wholly unable to pay for the sugar ; that his inability and insolvency were then well known to him, and that he was then unable to comply with his promise ; that for the causes and reasons aforesaid, Whiting procured the possession of said sixteen hogsheads of sugar by false pretences and…
2Cases cited1 opinion
- Lupin v. MarieCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by21 opinions
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
- Manheimer v. HarringtonMissouri Court of Appeals · 1886
- Beebe v. HatfieldMissouri Court of Appeals · 1896
- Brower v. GoodyerIndiana Supreme Court · 1883
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