McNichols v. Richter
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, HorNEr, J. A creditor, after notice of his debtor’s intent to hinder, delay, or defraud his other creditors, cannot make further advances to his debtor and take property therefor from this debtor; such a transfer of property is fraudulent as against other creditors. — Arnholt v. Hartwig, 73 Mo. 485. A creditor who knowingly takes property in value largely exceeding his debt cannot pretend to be judged by the rule relating to…
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Appeal from the St. Louis Circuit Court, HorNEr, J. A creditor, after notice of his debtor’s intent to hinder, delay, or defraud his other creditors, cannot make further advances to his debtor and take property therefor from this debtor; such a transfer of property is fraudulent as against other creditors. — Arnholt v. Hartwig, 73 Mo. 485. A creditor who knowingly takes property in value largely exceeding his debt cannot pretend to be judged by the rule relating to preferences of creditors, but stands as a purchaser, as against other creditors; and, therefore^ if while taking such property he…
1Opinion of the CourtThompson, J.
The plaintiff is an attaching creditor of Fritz Richter. The contest is between him and George A. Rubleman & Co., who interpleaded in the attachment suit claiming the property attached. There was a jury trial and a verdict and judgment in favor of the interpleaders, from which the plaintiff has appealed.
The leading facts shown at the trial were that Fritz Richter, down to a period hereafter stated, carried on a *517considerable business in St. Louis as an upholsterer; that he employed a good many hands and did a business of the value of about $40,000 a year; that he carried a considerable stock…
2Cases cited5 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Potter v. McDowellSupreme Court of Missouri · 1860
- Kuykendall ex rel. Middleton, Perry & Co. v. McDonaldSupreme Court of Missouri · 1852
- Arnholt v. HartwigSupreme Court of Missouri · 1881
- Allen v. BerrySupreme Court of Missouri · 1872
3Cited by18 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Conrad v. FisherMissouri Court of Appeals · 1889
- Bick v. SealMissouri Court of Appeals · 1891
- St. Louis Coffin Co. v. RubelmanMissouri Court of Appeals · 1884
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