Hook v. Craghead
Supreme Court of Missouri
Error to Callaway Circuit Court. The following instructions were given by the court of its own motion: 1. If both or either of said mortgages were made in good faith for the purpose of securing the debts therein mentioned, and with no purpose at the time they were executed to hinder, delay or defraud the other creditors of Franklin, the jury must find the issue for plaintiff, unless they further find from the evidence, that Adair permitted Franklin to remain in possession of…
Read the full summary
Error to Callaway Circuit Court. The following instructions were given by the court of its own motion: 1. If both or either of said mortgages were made in good faith for the purpose of securing the debts therein mentioned, and with no purpose at the time they were executed to hinder, delay or defraud the other creditors of Franklin, the jury must find the issue for plaintiff, unless they further find from the evidence, that Adair permitted Franklin to remain in possession of said goods and dispose of same for bis own use. 2. If the jury find that Adair has paid to Wise the amount of the note…
1Opinion of the CourtBates, Judge
Craghead sued Franklin by attachment and caused goods ■to be seized which were in the possession of Adair. Adair interpleaded, and claimed the goods by virtue of two mortgages executed by Franklin; Craghead answered to the in-terplea, that as to one of the mortgages ■ (which had been ■made to one Wise and by him assigned to Adair) that it had been paid by Adair with money furnished by Franklin for that purpose; and as to the other mortgage made by Franklin to Adair, that it was fraudulent, without consideration and in aid of an attempt on the part of Franklin to hinder, delay and defraud his…
2Cited by2 opinions
- National Bank v. LemkeNorth Dakota Supreme Court · 1893
- Opinion No. (1986), Missouri Attorney General Reports1986