Legal Opinion

Commercial Bank of Boonville v. Vollrath

Missouri Court of Appeals

Decided December 7, 1908PublishedCited by 5 opinions

Appeal from Cooper Circuit Court. — Hon. William H. Martin, Judge. (1) Appellant bank, being a creditor of Catherine Kuehner, could assert in garnishment proceedings the invalidity of the transfer of the note to respondent. Epstein v. Clothing Co., 67 Mo. App. 221; Strauss v. Ayers, 34 Mo. App. 248. (a) This is true even if the note has been collected. Grocer Co. v. Clark, 79 Mo.

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Appeal from Cooper Circuit Court. — Hon. William H. Martin, Judge. (1) Appellant bank, being a creditor of Catherine Kuehner, could assert in garnishment proceedings the invalidity of the transfer of the note to respondent. Epstein v. Clothing Co., 67 Mo. App. 221; Strauss v. Ayers, 34 Mo. App. 248. (a) This is true even if the note has been collected. Grocer Co. v. Clark, 79 Mo. App. 401'. (2) The assignment of the note by Mrs. Catherine Kuehner to respondent Yollrath was without any consideration whatever. It was a voluntary gift of all the property she had, the effect of which gift being…

1Opinion of the CourtJohnson, J.

Plaintiff brought suit against L. C. Kuehner and his wife, Catherine Kuehner, on a promissory note, and obtained judgment in the sum of |685 and costs, had execution issued, and caused Charles L. Vollrath to be summoned as garnishee of Mrs. Kuehner. Interrogatories were filed and answered and were followed by the filing of a denial by plaintiff and a reply by the garnishee. Plaintiff filed a motion for judgment on the pleadings which the court heard and denied. No evidence was offered by either party. Judgment was rendered for the garnishee on the pleadings and plaintiff appealed. As we…

2Cases cited3 opinions

  1. Snyder v. FreeSupreme Court of Missouri · 1893
  2. Goddard-Peck Grocery Co. v. McCuneSupreme Court of Missouri · 1894
  3. Hoffman v. NolteSupreme Court of Missouri · 1895

3Cited by5 opinions

  1. May v. GiblerSupreme Court of Missouri · 1928
  2. Bostian v. MilensMissouri Court of Appeals · 1946
  3. Weigel v. WoodSupreme Court of Missouri · 1946
  4. Thomas v. ShootsMissouri Court of Appeals · 1983
  5. Wilson v. SalisburyMissouri Court of Appeals · 1912

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