Kurtz v. Lewis Voight & Sons Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge, (1) Even if the debt from Wendell Schorle to his brother, Leopold was a valid one, and even if Wendell Schorle transferred the Kurtz notes in payment of, or security for, such debt, yet, if Wendell Schorle further intended, in making the sale to Kurtz, to hinder, delay or defraud his other creditors, and if Kurtz participated in such intent, then the sale as to Kurtz was void, although Leopold Schorle…
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge, (1) Even if the debt from Wendell Schorle to his brother, Leopold was a valid one, and even if Wendell Schorle transferred the Kurtz notes in payment of, or security for, such debt, yet, if Wendell Schorle further intended, in making the sale to Kurtz, to hinder, delay or defraud his other creditors, and if Kurtz participated in such intent, then the sale as to Kurtz was void, although Leopold Schorle neither knew of nor participated in such fraudulent intent. State ex rel. v. Purcell, 131 Mo. 318; Baker v. Harvey, 133…
1Opinion of the CourtBond, J.
This is a suit brought by the purchaser of a portion of this stock of an insolvent merchant, the remainder of whose stock was assigned for the benefit of creditors. The purchaser gave a chattel mortgage on the goods to secure the price, which was nine notes of $100 each. After a credit of about $50 was put upon these notes to reduce them to the amount of goods purchased at the agreed charge, they were indorsed without recourse by the payee to his brother Leopold Schorle. An attachment suit was instituted by a creditor of the vendor, which was levied by defendant Troll as sheriff upon the said…
2Cases cited8 opinions
- Raalte v. HarringtonSupreme Court of Missouri · 1890
- Sammons v. O'NeillMissouri Court of Appeals · 1895
- Mabray v. Kelly-Goodfellow Shoe Co.Missouri Court of Appeals · 1898
- Martin v. EstesSupreme Court of Missouri · 1896
- Bank of Elkhart v. Western Lumber Co.Missouri Court of Appeals · 1894
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