Missouri Broom Mfg. Co. v. Guymon

Citations

• 115 F. 112
• 53 C.C.A. 16
• 1902 U.S. App. LEXIS 4195

Syllabus

<p>.1 Sale Under False Representations — Recovery of Property — Form of Action.</p> <p>Where a bill averred that a firm purchased broom corn in controversy with intent not to pay for the same, that the sale was induced by fraud, and that immediately after discovering the fraud complainant elected to rescind the sale and reclaim the property sold, the action must be considered as an action to recover personal property, and the buyer and his vendees with notice be treated as trustees for the complainant.</p> <p>8. Same — Bill—Multifariousness—Right to Object.</p> <p>Where a bill to recover personal property claimed to have been sold and delivered through the buyer’s fraud alleged that one of the stockholders of the buyer had not paid for his stock, and had received money from the buyer, which he should refund, such allegations, though improper, where not prejudicial to other defendants, and the bill having been dismissed as to such stockholder, such other defendants could not claim that the bill was multifarious.</p> <p>8. Same — Judgment or Lien Creditor.</p> <p>In a proceeding to establish a constructive trust of personal property claimed to have been sold and delivered under false representations, and to compel the trustee to restore the trust property or account for its proceeds, it is immaterial that plaintiff is not a judgment or lien creditor, and has not established his demand at law.</p> <p>4. Same — Replevin—Adequate Remedy at Law.</p> <p>In an action to enforce a constructive trust in broom corn claimed by complainant to have been sold and delivered under false representations of the buyer, it was alleged that part of the broom com, which had not been worked up by the buyer, had been mingled with other corn, and was difficult of identification; that the property had been twice sold, and the rights of the alleged purchaser would be the subject of investigation; and that part of the corn had been manufactured and assigned to third persons, who were acting in