Walter v. Wimer

Decided October 15, 1856

Supreme Court of Missouri · decided 1856-10-15

Louis Court of Common Pleas. In this suit, the plaintiff, Walter, claiming title to a certain stock of goods, under an assignment by Gustave and Ferdinand Yogeler to himself, as trustee, to secure a debt of $4000 due to one Carl Yogeler, which said stock of goods had been seized by defendant, Wimer, as sheriff of St. Louis county, under a writ of attachment issued in favor of certain persons, also defendants, and had been sold by said Wimer, seeks to recover damages for the…

Relies on Brooks v. Wimer

Good law ✅— No negative treatment on recordhow we know

Decided 1856-10-15

How this case has been cited

Cited by 14 later decisions — most recently May 1905

14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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LeoNaed, Judge,

¶1delivered the opinion of the court.

¶2The only difference between this case and that of Brooks v. Wimer, (20 Mo. 503,) is that here it was made the duty of the grantors “to keep up the stock of goods” out of the proceeds of the sale of them. In both cases, the grantor was authorized to dispose of the goods as owner, and not to enjoy the possession merely until the secured debt should become due. In the former case, no duty was imposed upon him in relation to the disposition of the proceeds of the sale ; but here an obligation is put upon him to apply as much as may be necessary for that purpose to the keeping up of the stock in trade. This does not distinguish the cases in principle, and the'judgment must be affirmed.