Northrup National Bank v. Franklin
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hob. Vital W. Garesche, Judge. (1) The validity of the agreement of July 3, 1914, . between Franklin and this committee is directly challenged by the pleadings in this case, and, if it is illegal, the garnishees are liable. Doiik Bros. Coal & Coke Co. v. Kihealy, 81 Mo. 646; Epstein v. Clothing Co., 67 Mo.
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Appeal from the Circuit Court of the City of St. Louis.— Hob. Vital W. Garesche, Judge. (1) The validity of the agreement of July 3, 1914, . between Franklin and this committee is directly challenged by the pleadings in this case, and, if it is illegal, the garnishees are liable. Doiik Bros. Coal & Coke Co. v. Kihealy, 81 Mo. 646; Epstein v. Clothing Co., 67 Mo. App. 221; Gutta Percha Co. v. Supply Co., 149 Mo. 538; Calumet Paper Co. v. Printing Co., 114 Mo. 331; Hungerford v. Greengard, 95 Mo. App. 653. (2) No instrument can be construed as an assignment for the benefit of creditors under…
1Opinion of the CourtDaubs, J.
Appellant in November, 1914, brought suit by attachment against John E. Franklin upon a promissory note for $5000 executed by Franklin to the appellant. The affidavit for attachment sets out concealment, absconding and absenting by Franklin to avoid legal process, and that he had fraudulently conveyed or assigned his property to delay or defraud his creditors, and that he had for the same purpose fraudulently removed, concealed or disposed of his property.
Notice of garnishment under such attachment was served upon the respondents L. S. Mitchell, Richard S Hawes, August Schlafly, A/ugust E.…
Also in this document: Concurrence.
2Cases cited10 opinions
- Hardcastle v. FisherSupreme Court of Missouri · 1856
- Shapleigh v. BairdSupreme Court of Missouri · 1858
- Haase v. Nelson Distilling Co.Missouri Court of Appeals · 1895
- Oliver-Finnie Grocer Co. v. MillerMissouri Court of Appeals · 1893
- Bryan v. BrisbinSupreme Court of Missouri · 1858
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