Raalte v. Harrington
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Shepard Barclay, Judge. (1) Tbe refusal of tbe trial court to submit special issues to tbe jury as prayed by plaintiff constitutes reversible error. R. S. 1889, secs. 6594, 6596, 6598; Commonwealth v. Desmond, 123 Mass. 407; Rogers v. Railroad, 35 Mo. 153; State v. Proctor, 90 Mo. 334; State v. Railroad, 32 Fed. Rep. 722; Jennings v. Cutler, 12 Kan. 500; State r.
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Appeal from St. Louis City Circuit Court. — How. Shepard Barclay, Judge. (1) Tbe refusal of tbe trial court to submit special issues to tbe jury as prayed by plaintiff constitutes reversible error. R. S. 1889, secs. 6594, 6596, 6598; Commonwealth v. Desmond, 123 Mass. 407; Rogers v. Railroad, 35 Mo. 153; State v. Proctor, 90 Mo. 334; State v. Railroad, 32 Fed. Rep. 722; Jennings v. Cutler, 12 Kan. 500; State r. Crawford, 11 Kan. 32 ; Powers v. Kneckhoff, 41 Mo. 425; Marmaduke v. McMasters, 24 Mo. 51. (2) The instructions given by tbe court disregard tbe issue of actual fraud made by the…
1Opinion of the CourtBlack, J.
This is a controversy over a stock of merchandise consisting of dry goods, notions, clothing, hats and caps, and boots and shoes. Adolph Lederer being the owner and in possession of the goods sold the same to Samuel Van Raalte who took immediate possession. Thereupon the defendant, as sheriff of St. Louis, levied upon the property by virtue of several writs of attachment sued out by the mercantile creditors of Lederer. Van Raalte then commenced this action of replevin, gave bond and reacquired possession. The sheriff defends on the ground that the sale was one made in fraud of creditors and…
2Cases cited6 opinions
- Parker v. . ConnerNew York Court of Appeals · 1883
- Knower v. Cadden Clothing Co.Supreme Court of Connecticut · 1889
- Carroll v. HaywardMassachusetts Supreme Judicial Court · 1878
- Coolidge & McClaine v. HenekyOregon Supreme Court · 1884
- Lyons v. LeahyOregon Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- Barrett v. DavisSupreme Court of Missouri · 1891
- Mansue-Tebbetts Implement Co. v. RitchieSupreme Court of Missouri · 1898
- State ex rel. Salomon v. MasonSupreme Court of Missouri · 1892
- Farmers' Bank v. WorthingtonSupreme Court of Missouri · 1898
13 more not listed; retrieve them via the Exa API.