B. Hellman & Co. v. Bick
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) In this case the partnership had ceased under a written contract to honestly settle the debts, and J. B. Harper’s pretended sale of all the goods to John Biek was void. Clayton v. Hardy, 27 Mo. 536. (2) The transfer of the goods that night was fraudulent. If the intention of such a transfer is to defeat other creditors the deed as- to them is fraudulent.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) In this case the partnership had ceased under a written contract to honestly settle the debts, and J. B. Harper’s pretended sale of all the goods to John Biek was void. Clayton v. Hardy, 27 Mo. 536. (2) The transfer of the goods that night was fraudulent. If the intention of such a transfer is to defeat other creditors the deed as- to them is fraudulent. Henderson et at. v. Henderson, 55 Mo. pp. 534, 555, 556, and cases cited. (3) While it is unquestionably true that a debtor may, in failing circumstances, prefer one…
1Opinion of the CourtEllison, J.
Plaintiffs obtained judgment against defendants and had garnishment served on Bick, the respondent here, who denied owing defendants or having any of their- property. The circuit court, on trial without a jury, found for Bick, and plaintiffs appealed.
*170There is nothing more in this case than a sale of personal property to Bick, one of the creditors of an insolvent firm having no knowledge of any fraud and only endeavoring to secure, or obtain ■ payment of his own claim, and taking no more goods than was necessary. The court found for Bick and there was testimony in the cause to support the…
2Cases cited3 opinions
- Meyberg v. JacobsMissouri Court of Appeals · 1890
- State ex rel. Redmon v. DurantMissouri Court of Appeals · 1893
- Tennent-Stribling Shoe Co. v. RudyMissouri Court of Appeals · 1893
3Cited by3 opinions
- Security State Bank v. County of DentSupreme Court of Missouri · 1940
- Mott Store Co. v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Waters v. School District No. 4Missouri Court of Appeals · 1894