Klauber v. Schloss
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. Jesse, A. McDonald, Judge. (1) The court below having found that the deed of trust to defendant Braske was given to secure a bona-fide debt, it was error to set it aside unless actual fraud on part of defendant Braske was shown. Nat. Tube Works v. Ring, 118 Mo. 365; Bank v. Worthington, 145 Mo. 99; Ridge v. Greenwell, 53 Mo. App. 479; Runbolds v. Parr, 51 Mo. 592; Steinwender v. Creath, 44 Mo.
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Appeal from St. Louis City Circuit Court. — Row. Jesse, A. McDonald, Judge. (1) The court below having found that the deed of trust to defendant Braske was given to secure a bona-fide debt, it was error to set it aside unless actual fraud on part of defendant Braske was shown. Nat. Tube Works v. Ring, 118 Mo. 365; Bank v. Worthington, 145 Mo. 99; Ridge v. Greenwell, 53 Mo. App. 479; Runbolds v. Parr, 51 Mo. 592; Steinwender v. Creath, 44 Mo. App. 363; Peering v. Collins, 38 Mo. App. 90; State v. Gritzner, 134 Mo. 525; Bank v. Russey, 74 Mo. App. 656; Schawacker v. Ludington, 77 Mo. App. 415.…
1Opinion of the CourtBitrgess, P. J.
On the 24th day of December, 1902, there was filed in the office of the clerk of the circuit court of the city of St. Louis, a petition by plaintiff, which, leaving off the formal parts, is as follows:
“Plaintiff for cause of action states that heretofore, to-wit, on or about the 9th day of November, 1899, he signed and executed as surety for Stephen Schloss, defendant, a certain appeal bond in an appeal from a judgment rendered against said Stephen Schloss by Frederick A. Cline, a justice of the peace in and for the Ninth district of the city of St. Louis, Missouri; that by reason of said…
2Cases cited8 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Boland v. RossSupreme Court of Missouri · 1894
- National Tube Works Co. v. Ring Refrigerating & Ice Machine Co.Supreme Court of Missouri · 1893
- First National Bank v. FrySupreme Court of Missouri · 1902
- Imhoff & Co. v. McArthurSupreme Court of Missouri · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Castorina v. HerrmannSupreme Court of Missouri · 1937
- Friedel v. BaileySupreme Court of Missouri · 1931
- Graff v. Continental Auto Insurance UnderwritersMissouri Court of Appeals · 1931
- Wilkinson v. LivingstonCourt of Appeals for the Eighth Circuit · 1930
- State Ex Rel. First National Bank v. TrimbleSupreme Court of Missouri · 1926
1 more not listed; retrieve them via the Exa API.