Davis v. A. W. Riewe Architectural Realty & Building Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. The deed was fraudulent as against plaintiffs, (a) It was fraudulent in fact, under the evidence and without any consideration to the company, (b) If a valid agreement, such as is claimed could be shown by competent evidence, it would be a fraud upon the plaintiffs and other creditors of the corporation, to permit such agreement to be carried out when the corporation was hopelessly insolvent, after…
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. The deed was fraudulent as against plaintiffs, (a) It was fraudulent in fact, under the evidence and without any consideration to the company, (b) If a valid agreement, such as is claimed could be shown by competent evidence, it would be a fraud upon the plaintiffs and other creditors of the corporation, to permit such agreement to be carried out when the corporation was hopelessly insolvent, after the company had obtained credit on the strength of its ownership of the property and without any notice to creditors of…
1Opinion of the Court
ROT, C.
— This is an action to set aside a conveyanee as being in fraud of creditors. It was tried in the circuit court of the city of St. Louis, resulting in a judgment for defendants, from which plaintiffs appeal.
In October, 1904, A. W. Riewe organized and incorporated the A. W. Riewe Architectural Realty and Building Company, with an ostensible capital of $50,000, of which he owned all but two shares.
Riewe paid for his capital stock by the conveyance to the corporation of a lot of real estate. His wife joined in the conveyance. The testimony of Mrs. Riewe and her husband is to the effect…
2Cases cited3 opinions
- Kitchen v. GreenabaumSupreme Court of Missouri · 1875
- Green v. CorriganSupreme Court of Missouri · 1885
- Le Warne v. MeyerU.S. Circuit Court for the District of Eastern Louisiana · 1889
3Cited by1 opinion
- St. Francois County Bank v. HawnMissouri Court of Appeals · 1927