Stanley v. Bunce
Supreme Court of Missouri
Error to Cooper Court of Common Pleas.. This was a suit by attachment against W. W. Norris. One Harvey Bunce was garnished as having in his hands funds belonging to defendant Norris. Upon the trial of the issue raised as between the plaintiff and the garnishee, the plaintiff adduced in evidence two deeds of trust executed by Norris to Bunce as trustee. Plaintiff contended that these deeds were fraudulent in law on their faces as to creditors.
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Error to Cooper Court of Common Pleas.. This was a suit by attachment against W. W. Norris. One Harvey Bunce was garnished as having in his hands funds belonging to defendant Norris. Upon the trial of the issue raised as between the plaintiff and the garnishee, the plaintiff adduced in evidence two deeds of trust executed by Norris to Bunce as trustee. Plaintiff contended that these deeds were fraudulent in law on their faces as to creditors. The court ruled that said deeds were fraudulent in law. A verdict was rendered against Bunce, the garnishee. The character of the deeds is, it is…
1Opinion of the CourtNapton, Judge
We do not perceive any thing in this case to distinguish it from that of Brooks v. Wimer, 20 Mo. 503, and several other cases deciding the same principle. In this case of Brooks v. Wimer, the grantor conveyed a stock of goods to a trustee for the benefit of certain creditors named, but reserved the right to himself to sell the goods in the usual course of his business until default made in the payment of some debts secured by the deed. This instrument was declared void on its face because of the reservation of the right of disposition without accountability. It was held a conveyance to the…
2Cases cited2 opinions
- Brooks v. WimerSupreme Court of Missouri · 1855
- Bull v. SigersonSupreme Court of Missouri · 1856
3Cited by19 opinions
- Reed v. PelletierSupreme Court of Missouri · 1859
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Metzner v. GrahamSupreme Court of Missouri · 1874
- Weber v. ArmstrongSupreme Court of Missouri · 1879
- Lodge v. SamuelsSupreme Court of Missouri · 1872
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