McKnight-Keaton Grocery Co. v. Hudson & Carte
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry O. Riley, Judge. (1) Where a purchaser buys property from a debtor and pays its value for it, if the sale is made by vendor with fraudulent intent to defeat his creditors and the purchaser knew of that fraudulent intent, then the sale will be void; and the purchaser is not required to participate in that fraud, knowledge is sufficient.
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Appeal from Pemiscot Circuit Court. — Hon. Henry O. Riley, Judge. (1) Where a purchaser buys property from a debtor and pays its value for it, if the sale is made by vendor with fraudulent intent to defeat his creditors and the purchaser knew of that fraudulent intent, then the sale will be void; and the purchaser is not required to participate in that fraud, knowledge is sufficient. Dough-erty v. Cooper, 77 Mo. 528; Ironholt v. Hartwig, 70 Mo. 485; Hill v. Taylor, 125 Mo. 331; Frederick v. Allgaier, 88 Mo. 598; Sammons v. O’Neill, 60 Mo. App. 530; Kurtz v. Troll, 175 Mo. 506. (2) A sale made…
1Opinion of the CourtGoode, J.
This case was here on a prior appeal from another judgment in favor of interpleader (116 Mo. App. 551) which was reversed for an erroneous in*34struction and we regret to be compelled to reverse it again. Tlie interpleader, S. J. Hudson, purchased a stock of goods,, store accounts, one horse and three head of cattle, belonging to Lee Hudson and Emery Carte, doing business under the firm name of Hudson & Carte. Shortly after the purchase by S. J. Hudson and on August 28, 1903, plaintiff, McKnight-Keaton Grocery Company, attached the merchandise on an affidavit that the firm had fraudulently…
2Cases cited10 opinions
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- McNichols v. RichterMissouri Court of Appeals · 1883
- State ex rel. Salomon v. MasonSupreme Court of Missouri · 1892
- Wood v. KeithSupreme Court of Arkansas · 1895
- Esselbruegge Mercantile Co. v. TrollMissouri Court of Appeals · 1899
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3Cited by1 opinion
- Barach v. Island Empire Telephone & Telegraph Co.Washington Supreme Court · 1929