Van Frank v. Walther
Missouri Court of Appeals
Appeal from the Cape Girardeau Court of Common Pleas.— Hon. F. H. Burroughs Judge. (1) Appellants insist that the property in controversy was liable to execution in the hands of Van Prank, who bought from the assignee with knowledge that the purchase' price had not been paid by Dunlop, the assignee.
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Appeal from the Cape Girardeau Court of Common Pleas.— Hon. F. H. Burroughs Judge. (1) Appellants insist that the property in controversy was liable to execution in the hands of Van Prank, who bought from the assignee with knowledge that the purchase' price had not been paid by Dunlop, the assignee. (2) Personal property is subject to execution on judgment against the purchaser for the purchase price, except in the hands of an innocent purchaser for value without notice of the existence of such claim. E. S. 1889, sec. 4914. (3) In the hands of Dunlop, the purchaser, the goods in controversy…
1Opinion of the Court
BLAND, P. L.
Appellants, Albrecht and Rudolph Wal ther, who are furniture dealers, brought suit in the Gape Girardeau Court of Common Pleas against Frank H. Dun-lop for the purchase price of certain furniture sold and delivered by them to him for the refurnishing of his hotel. The petition was filed and personal service had on the third day of January, 1899. On .the twenty-seventh day of January, 1899, they recovered judgment for $381.93. An execution was issued on February 4th and levied a few days afterwards on the several articles of furniture sold to Dun-lop, which were described in the…
2Cases cited8 opinions
- Crow v. BeardsleySupreme Court of Missouri · 1878
- State ex rel. Phillips v. RowseSupreme Court of Missouri · 1872
- Hardcastle v. FisherSupreme Court of Missouri · 1856
- Straus v. RothanSupreme Court of Missouri · 1890
- Green v. ConradSupreme Court of Missouri · 1893
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3Cited by1 opinion
- Skinner & Kennedy Stationery Co. v. Lammert Furniture Co.Missouri Court of Appeals · 1914