79 Mo. App. 159 | Mo. Ct. App. | 1899
This is an action of replevin for certain goods which the plaintiffs allege were fraudulently obtained from them by the firm of Blum & Company. The goods were shipped to Blum & Company during the last days of July, 1897, and were received about the first day of August. On the seventh day of- August following, the company executed three chattel mortgages conveying its stock of goods, including those just received from plaintiffs, to secure certain debts which the firm owed. EolloAving these mortgages Blum & Company made an assignment of its property for the benefi «* of creditors. The defendant Wilkins was named as assignee? and he immediately qualified and took possession of the goods. Two days afterwards the beneficiaries in the mortgages demanded of him possession of the property, or that he should hold and dispose of it as their agent. He testified that he agreed to the latter proposition. Ten days after the mortgages were executed the plaintiffs instituted this suit against. Wilkins. They gave bond and the property was delivered to them under the Avrit. Afterwards the beneficiaries in the
The evidence introduced by the plaintiffs tended to prove these facts: In September, 1896, Blum & Company made a report to R. G. Dun’s Mercantile Agency as to their financial standing. The report was false, in that it represented that the property of the firm and of the individual partners was far in excess of their aggregate liabilities, whereas the firm and its ■members were hopelessly insolvent, were unable to pay fifty percentof their indebtedness, and so continued up to the time they ordered the goods in question. The plaintiffs were subscribers to the Dun Agency, and they sold the goods on the faith of the information given them by the agency as to the financial condition of the firm and its individual members. The plaintiffs also read in evidence the chattel mortgages, and also the several promissory notes mentioned therein. The notes were of even date with the mortgages, and they became due thirty days thereafter. The plaintiff’s evidence also tended to prove that the notes were given in settlement of past due indebtedness.
The evidence tends to show that at the date of the trial Wilkins had disposed of the property of the firm and had paid all of the debts secured by the mortgages, except that of the Hargadine-McKittrick Dry Goods Company. Hpon the verdict as rendered, which was for all of the defendants, the court directed a judgment to be entered in favor of the dry goods company for the assessed value of the goods, such value being less than the debt of the company, and the dry goods company having so elected as provided by the statute. It is now urged that the judgment is not in conformity with the verdict. Tin's
There are some objections and exceptions in the record pertaining to the admission of evidence. The rulings complained of are immaterial and harmless, as the evidence bore only upon the' question of the bad faith of Blum & Company in the purchase of the goods.
With the concurrence of the other judges the judgment of the circuit court will be affirmed.