Missouri Appeal Reports Volume 11

Missouri Appeal Reports Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...made an assignment, plaintiff boxed up those goods and removed them to an adjoining store, where they were attached at defendant's suit, as belonging to Carabin & Co. Plaintiff and Carabin estimated the goods as worth, when seized, about $1.700. Plaintifl' claimed them and defendants gave bond. They sold, at sheriff 's sale, for $562. At the time of their failure, Carabin & Co. owed defendants $750 for millinery goods bought of them. Defendants did not know, till after the assignment, that there had been any claims of ownership by plaintiff, or any one else than Carabin & Co., to any wares on sale in their shop. The small quantity of goods which plaintiff did not buy of or through Carabin & (Jo. were mixed by her with the other goods under her counter; and when she claimed from the sheriff, she made no separate claim for them. When the case was here before, we held the sale from Carabin & Co. to Mrs. Franklin void as to creditors, for want of proper delivery, and that it was not validated by the removal of the goods the night before the Carabin fail-ure. As to the goods mixed with those alleged to have been bought from Carabin & Co., we held that, as they had been, by plaintifl"s fault, mixed with those of the execu-tion creditor, the burden was on plaintiff to make the sepa-ration. The original sale of (Jarabin & Co. to plaintiff was clearly void as to the creditors of that firm, and so we have held. All the goods levied upon at the suit of defendants, except as to some small amount, less than $100 worth, purchased of a Detroit house by plaintifl', were, either these goods, or those goods which, on plaintifl"s theory of the case, had been purchased by her through Carabin & Co....
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Product details

  • Paperback | 204 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236836014
  • 9781236836014