Legal Opinion

Hoffman v. Nolte

Supreme Court of Missouri

Decided March 5, 1895PublishedCited by 14 opinions

Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) A creditor is not necessarily the holder of a debt merely, as that term is generally understood; for one having a legal right to damages capable of judicial enforcement is a creditor within the meaning of the statutes and law upon the subject of fraudulent conveyances. 8 Am. & Eng.

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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) A creditor is not necessarily the holder of a debt merely, as that term is generally understood; for one having a legal right to damages capable of judicial enforcement is a creditor within the meaning of the statutes and law upon the subject of fraudulent conveyances. 8 Am. & Eng. Encyclopedia of Law, p. 750, and cases there cited under note 1. (2) Where a man creates a joint tenancy between himself and son, or takes title to property in the joint name of himself and wife, the conveyance being voluntary, if there is…

1Opinion of the CourtG-antt, P. J.

This is an action in equity to divest the title from defendant Anna Nolte in certain real estate in the city of St. Louis, and to set aside a certain deed of conveyance thereto by Joseph Nolte on the ground that it was executed in fraud of creditors. The tract contains twenty-one and thirty-nine hundredths acres. The substance of the petition is as follows:

Plaintiff states that on the fifteenth day of March, A. D. 1892, he recovered a judgment in the circuit court of *126the city of St. Louis, state of Missouri, against Joseph Nolte, now deceased, for the sum of $1,679.60 as appears by the…

2Cases cited14 opinions

  1. Hall v. StephensSupreme Court of Missouri · 1877
  2. Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1877
  3. Snyder v. FreeSupreme Court of Missouri · 1893
  4. Ryder v. . HulseNew York Court of Appeals · 1862
  5. Sloan v. TorrySupreme Court of Missouri · 1883

9 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Fidelity Trust Co. v. Union National BankSupreme Court of Pennsylvania · 1933
  2. Commerce Trust Co. v. WoodburyCourt of Appeals for the Eighth Circuit · 1935
  3. Hartman v. LauchliCourt of Appeals for the Eighth Circuit · 1956
  4. Johnson v. MurphySupreme Court of Missouri · 1904
  5. Wilkinson v. LivingstonCourt of Appeals for the Eighth Circuit · 1930

9 more not listed; retrieve them via the Exa API.

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