Legal Opinion

Hamilton v. Scull's Administrator

Supreme Court of Missouri

Decided March 15, 1857PublishedCited by 11 opinions

Appeal from St. Louis Circuit Court. This was a suit to establish against the estate of Joseph P. Scull, deceased, a demand of 11124.06, being the balance alleged to bo due upon a promissory note for $7097.25, executed by said Scull. At the trial in the Circuit Court the plaintiff proved the execution of the note. The defendant then offered in evidence the depositions of Sterling IT.

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Appeal from St. Louis Circuit Court. This was a suit to establish against the estate of Joseph P. Scull, deceased, a demand of 11124.06, being the balance alleged to bo due upon a promissory note for $7097.25, executed by said Scull. At the trial in the Circuit Court the plaintiff proved the execution of the note. The defendant then offered in evidence the depositions of Sterling IT. Tucker and James Scull, tending to \prove that the consideration of the note was fraudulent in this, that Hamilton, the payee, had made a fraudulent sale of a stock of goods to Joseph P. Scull, to hinder, delay…

1Opinion of the CourtScott, Judge

This was a suit begun in the Probate Court of St. Louis county for the purpose of establishing a demand against de-cedant’s estate — being a balance on a note executed by the intestate to the plaintiff. Garesehé, the defendant, offered evidence'tending to show that the note had its origin in a fraudulent combination between the parties for the purpose of defrauding the creditors of plaintiff. This evidence was rejected and the defendant excepted.

There is no doubt of the correctness of the principle asserted in the case of Brown’s Adm’r v. Finley, 18 Mo. 375, that one who has made a fraudulent…

2Cases cited1 opinion

  1. Brown's Administrator v. FinleySupreme Court of Missouri · 1853

3Cited by11 opinions

  1. Davis v. SittigTexas Supreme Court · 1886
  2. Elliott v. Landis Machine Co.Supreme Court of Missouri · 1911
  3. Larimore v. TylerSupreme Court of Missouri · 1886
  4. Parsons v. RandolphMissouri Court of Appeals · 1886
  5. Second National Bank v. BradyIndiana Supreme Court · 1884

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