Bank of Elkhart v. Western Lumber Co.
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court.—Hon. J. MoD. Trimble, Special Judge. (1) The court erred in refusing to instruct the jury to find for plaintiff. First.
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Appeal from the Jaclcson Circuit Court.—Hon. J. MoD. Trimble, Special Judge. (1) The court erred in refusing to instruct the jury to find for plaintiff. First. The written transfer of defendant’s accounts and books of account, which were liable to seizure on execution (R. S. sec. 4919), and are embraced in the term “personal property” (R. S. sec. 6570), being an absolute assignment on its face and showing, when read and construed in connection with the receipt written on the same paper, that the possession of the accounts and books was to remain with defendant, was fraudulent on its face as…
1OpinionEllison, J.
A further consideration of this case has not led us to the conclusion that we have misconstrued the attachment statute in the foregoing opinion. The legislature intended to grant the right of attachment, when there has been fraud in the disposition of the debtor’s property; and the phrase, “so as to hinder or delay his creditors,” is no more than a legislative declaration that a fraudulent disposition of the debtor’s property does hinder or delay his creditors. It is an assumption in the legislative mind, expressed in the enactment, that a fraudulent disposition by the debtor of his property,…
2Cases cited2 opinions
- Haseltine v. AushermanSupreme Court of Missouri · 1885
- Dawson v. QuillenMissouri Court of Appeals · 1891