68 Mo. App. 567 | Mo. Ct. App. | 1897
Plaintiffs, who are wholesale manufacturers, sold to defendants Borden .& Sweringen a
bill of merchandise. Afterward plaintiffs drew a draft at three months on Borden & Sweringen for the amount of the bill which the latter accepted and plaintiffs negotiated to creditors of theirs and it was in the hands of such creditors when this action was begun. After the sale and delivery of the goods Borden & Sweringen made two deeds of trust to defendant Colvin as trustee to secure their creditors, these plaintiffs being included in the second trust deed. Defendant Colvin was in possession under these deeds when the goods were replevied by plaintiffs. The action is brought on the ground that defendants Borden & Sweringen bought the goods intending at the time never to pay for them. A demurrer to \the evidence was sustained and judgment entered for defendants.