Knoop ex rel. Miller v. Nelson Distilling Co.
Missouri Court of Appeals
Appeal from the St. Charles County Circuit Court, W. W. Edwards, Judge.. The cause should have been taken away from the jury. Wright v. McCormick, 67 Mo. 428; Stewart v. Bergstrom, 79 Mo. 524. The conveyance was a legal fraud as to creditors, prior and subsequent, and the court should so declare. Such has been the universal construction of our courts of section 2496, chapter 34, page 417, of the Revised Statutes.
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Appeal from the St. Charles County Circuit Court, W. W. Edwards, Judge.. The cause should have been taken away from the jury. Wright v. McCormick, 67 Mo. 428; Stewart v. Bergstrom, 79 Mo. 524. The conveyance was a legal fraud as to creditors, prior and subsequent, and the court should so declare. Such has been the universal construction of our courts of section 2496, chapter 34, page 417, of the Revised Statutes. The language of the section itself is too clear to admit of any other interpretation. Shaw v. Tracy, S3 Mo. 224; The State ex rel. v. McBride, 81 Mo. 349 ; Grane r>. Timberlalce, 81…
1Opinion of the CourtThompson, J.
The Nelson Distilling Company sued out an attachment against F. W. Stumberg, before a justice of the peace. It was put into the hands of Fred. Knoop, a constable, who executed it by levying upon a stock of merchandise in the possession of Stumberg. John Miller, the relator, demanded these goods, claiming them by virtue of a bill of sale from Stumberg to Mm, and, *305thereupon, the constable demanded an indemnifying bond of the Nelson Distilling Company, which was given. The goods were retained by the constable^ appraised, and spld, and the proceeds applied to the purposes of the attachment suit.…
Also in this document: Concurrence.
2Cases cited23 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Aubuchon v. BenderSupreme Court of Missouri · 1869
- Valentine v. HavenerSupreme Court of Missouri · 1854
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3Cited by14 opinions
- Collins v. WilhoitSupreme Court of Missouri · 1891
- First National Bank v. Kansas City Lime Co.Missouri Court of Appeals · 1891
- Grand Avenue Bank v. St. Louis Union Trust Co.Missouri Court of Appeals · 1909
- Leeser v. BoekhoffMissouri Court of Appeals · 1888
- Collins v. WilhoitMissouri Court of Appeals · 1889
9 more not listed; retrieve them via the Exa API.