J. C. EQUIPMENT, INC. v. SKY AVIATION, INC.

No. 34938.

498 S.W.2d 73 (1973)

J. C. EQUIPMENT, INC., a corporation, Plaintiff-Appellant, v. SKY AVIATION, INC., et al., Defendants, Clinton E. Chatters and Thunderbird Bank, a corporation, Defendants-Respondents.

Missouri Court of Appeals, St. Louis District, Division One.

July 24, 1973.


Attorney(s) appearing for the Case

Joseph J. Becker, Clayton, for plaintiff-appellant.

Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, Daniel T. Rabbitt, Jr., St. Louis, Champe Rafterey, Phoenix, Ariz., for defendants-respondents.


WEIER, Judge.

Plaintiff J. C. Equipment, Inc. appeals from the judgment rendered by the circuit court wherein defendant Clinton Chatters was held to be a good faith purchaser of an airplane and hence that he took title without actual or constructive notice of a fraud perpetrated on plaintiff in the sale of the aircraft. Contrary to the trial court's ruling, however, the burden of proof to establish his position as a bona fide purchaser was upon defendant Chatters...

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