Knoop v. Kelsey
Supreme Court of Missouri
Error to Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The evidence fails to sustain the charge of fraud made in the petition. Fraud must be proved not conjectured. Hausman v. Hope, 20 Mo. App. 193; Priest v. Wray, 87 Mo. 16 ; Funhhouser v. Lay, 78 Mo. 458; Loomis v. Higgins, 5 W. Rep. (Mo.) 408; Render son v. Henderson, 55 Mo. 534. It is not required of a purchaser to inquire into the motives of a vendor in making a sale.
Read the full summary
Error to Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The evidence fails to sustain the charge of fraud made in the petition. Fraud must be proved not conjectured. Hausman v. Hope, 20 Mo. App. 193; Priest v. Wray, 87 Mo. 16 ; Funhhouser v. Lay, 78 Mo. 458; Loomis v. Higgins, 5 W. Rep. (Mo.) 408; Render son v. Henderson, 55 Mo. 534. It is not required of a purchaser to inquire into the motives of a vendor in making a sale. State v. Merritt, 70 Mo. 275. (2) A sale with the intent to defraud, hinder and delay creditors is valid in favor of bona fide purchasers for a valuable…
1Opinion of the CourtBiAOK, J.
— This is a suit in equity brought by C. H. Knoop against J. B. Kelsey, Charles T. Kelsey, *295Charles D. Nixon, and Green Huffman. There was a decree for the plaintiff. It is insisted that the second amended petition, upon which the cause was tried, fails to state any cause of action, and this question runs through the whole -case, so that it must be determined at the outset.
The facts stated are these : That on the twentieth of July, 1882, the defendant, J. B. Kelsey, was a banker at Versailles in Morgan county in this state ; that he held himself out to be solvent when, in fact, he was…
2Cases cited6 opinions
- McClanahan v. WestSupreme Court of Missouri · 1889
- Lenox v. HarrisonSupreme Court of Missouri · 1885
- Freeland v. FreelandMassachusetts Supreme Judicial Court · 1869
- Maraman v. TrunnellCourt of Appeals of Kentucky · 1860
- Ramsey v. HendersonSupreme Court of Missouri · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lilly v. MenkeSupreme Court of Missouri · 1898
- Gaines v. Berkshire Life InsuranceMissouri Court of Appeals · 1933
- Oregon Mill & Grain Co. v. HydeOregon Supreme Court · 1918
- Otrich v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1911
- Jonesboro v. United Iron Works Co.Missouri Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.