28 Mo.App. 233 (Mo.App. 1887), Joseph Schnaider Brewing Co. v. Niederweiser

Citation:28 Mo.App. 233
Opinion Judge:LEWIS, P. J.
Party Name:JOSEPH SCHNAIDER BREWING COMPANY, Respondent, v. TONY NIEDERWEISER et al., Appellants.
Attorney:MUENCH & CLINE, for the appellants. BROADHEAD & HAEUSSLER, for the respondent.
Case Date:December 20, 1887
Court:Court of Appeals of Missouri
 
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Page 233

28 Mo.App. 233 (Mo.App. 1887)

JOSEPH SCHNAIDER BREWING COMPANY, Respondent,

v.

TONY NIEDERWEISER et al., Appellants.

Court of Appeals of Missouri, St. Louis.

December 20, 1887

APPEAL from the St. Louis Circuit Court, GEORGE W. LUBKE, Judge.

Reversed nisi.

MUENCH & CLINE, for the appellants.

BROADHEAD & HAEUSSLER, for the respondent.

OPINION

LEWIS, P. J.

This is a suit in replevin for certain fixtures and furnishings contained in a saloon on the corner of Sixth and Chestnut streets, in the city of St. La. The cause was tried before the court, sitting as a jury, and judgment was rendered for the plaintiff.

It appears from the testimony that, in the year 1885, Charles Martin occupied the premises as a tenant, and owned the fixtures and furnishings in controversy. In September of that year, being indebted to John H. Vette, for borrowed money, he conveyed the property in dispete to Vette by chattel mortgage, and afterwards turned over the property to the mortgagee. In December, or thereabouts, the defendant, Niederweiser, obtained from the owner a lease of the building, and effected an understanding with Vette and Martin that he should purchase the fixtures for four hundred dollars, and go into possession of the property. The plaintiff had previously furnished Niederweiser with one hundred and fifty dollars to enable him to pay the first month's rent. Niederweiser paid one hundred dollars to Vette, leaving three hundred dollars of the purchase money for the fixtures unpaid. What then followed is differently told by the several parties to the transactions. Joseph M. Schnaider testifies that the plaintiff corporation, of which he is vice-president, paid the balance of three hundred dollars purchase money, took possession of the premises, and received a bill of sale, which was shown in evidence, from Vette and Martin; that the plaintiff then put Niederweiser in to sell its beer, and gave him the use of its fixtures, so long as he sold its beer. The witness further said: " The transfer was arranged by Vette, Niederweiser and Martin, and Merrill, our secretary. * * * Niederweiser paid one hundred dollars to Vette on account of the four hundred dollars, and for our account as part of the one hundred and fifty dollars, advanced by us for his rent. The plaintiff never ran the saloon. Niederweiser did that. His sign was put up, and still remains...

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