Simmons Hardware Co. v. Fighting Flames Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. Daniel (f. Taylor, Judge. (T) To establish the fifth statutory ground for attachment, the plaintiff is required to allege and prove: (a) A purpose on the part of the debtor to remove his property out of the State, (b) An intent by such removal to defraud, hinder or delay his creditors. The element of wrongful intent to defraud, hinder or delay is material to constitute the fifth ground.
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Appeal from St. Louis City Circuit Court.— Hon. Daniel (f. Taylor, Judge. (T) To establish the fifth statutory ground for attachment, the plaintiff is required to allege and prove: (a) A purpose on the part of the debtor to remove his property out of the State, (b) An intent by such removal to defraud, hinder or delay his creditors. The element of wrongful intent to defraud, hinder or delay is material to constitute the fifth ground. Reed v. Pelletier, 28 Mo. 173; Douglass v. Cissna, 17 Mo. App. 44. (2) The second instruction offered by defendant and refused, states the law of this case, and…
1Opinion of the CourtGoode, J.
(after stating the facts.) — The defendant is a corporation which was organized January 8, 1906, with a capital stock of $36,000, to travel over the country and exhibit a spectacle depicting the fighting of a conflagration. It provided itself with the usual apparatus for extinguishing fires in cities, such as steam fire engines, hose reels, hook and ladder trucks, besides horses and cars to move the properties of the show, and tents, camping outfits, and cooking utensils designed for the use of the performers, of whom there would be .two or three hundred. An office Avas kept in St. Louis…
2Cases cited16 opinions
- Potter v. McDowellSupreme Court of Missouri · 1860
- Crow v. BeardsleySupreme Court of Missouri · 1878
- Quinn v. ShieldsSupreme Court of Iowa · 1883
- Reed v. PelletierSupreme Court of Missouri · 1859
- Seger's Sons v. Thomas Bros.Supreme Court of Missouri · 1891
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3Cited by2 opinions
- J.C. Jones & Co. v. DoughtyMissouri Court of Appeals · 1988
- First National Bank v. KibbleMissouri Court of Appeals · 1925