Coleman v. Hagey
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) Fraud, actual or constructive, is a necessary element to give the trustee in bankruptcy a right of action. The title which passes to the trustee is limited to such property as might have been recovered by creditors in whose right the trustee takes under the law of the State and as may be recovered by him under section 70e of the Bankrupt Act.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) Fraud, actual or constructive, is a necessary element to give the trustee in bankruptcy a right of action. The title which passes to the trustee is limited to such property as might have been recovered by creditors in whose right the trustee takes under the law of the State and as may be recovered by him under section 70e of the Bankrupt Act. Blake v. Meadows, 225 Mo. 27; Jardt v. Hub & Spoke Co., 112 Mo. App. 344; ITenneman v. Marshall, 117 Mo. App. 546; Parker v. Roberts, 116 Mo. 662; Read v. Smith, 170-Mo. 175; Hood…
1Opinion of the CourtWalker, J.
This is an equitable proceeding to divest title to certain real property out of defend■ant-s and vest it in plaintiff " as trustee in bankruptcy of the Hagey Stove Company, a corporation, and for judgment against defendants in the sum of $32,000 of $50,000 in cash claimed to have been taken from the treasury of the corporation by the defendants. Upon a trial in the circuit court a judgment was rendered in favor of the plaintiff, from which defendants appeal.
Pleadings. The petition alleges the adjudication of the ITagey Stove Company as a bankrupt in the United States District Court for the…
2Cases cited88 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- United States v. StowellSupreme Court of the United States · 1890
- Scott v. NeelySupreme Court of the United States · 1891
- Sawyer v. HoagSupreme Court of the United States · 1873
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
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3Cited by27 opinions
- May v. GiblerSupreme Court of Missouri · 1928
- Hartman v. LauchliCourt of Appeals for the Eighth Circuit · 1956
- Daggs v. McDermottSupreme Court of Missouri · 1931
- Lehr v. MollSupreme Court of Missouri · 1952
- Medlinsky v. Premium Cut Beef Co.Massachusetts Supreme Judicial Court · 1944
22 more not listed; retrieve them via the Exa API.