Legal Opinion

Doggett, Baskett & Hill Co. v. Wimer

Missouri Court of Appeals

Decided May 1, 1893PublishedCited by 2 opinions

Appeal from the'Barton Circuit Court.. — Hon. D. P. Stbatton, Judge. (1) A preference by an insolvent is lawful only when voluntary. A purchased preference is fraudulent and void. Bump on Fraudulent Conveyances [2 Ed.] pp. 191-2;- Kissom v. Edmonson, 1 Ired.

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Appeal from the'Barton Circuit Court.. — Hon. D. P. Stbatton, Judge. (1) A preference by an insolvent is lawful only when voluntary. A purchased preference is fraudulent and void. Bump on Fraudulent Conveyances [2 Ed.] pp. 191-2;- Kissom v. Edmonson, 1 Ired. Eq. 180; Pettibone v. Stevens, 15 Conn. 19; White v. Graves, 8 J. J. Marshall (Ky.), 523. (2) The stipulation for reversal of the judgment of the circuit court in the case of Locke, Hulett & Co. filed in the court of appeals was an attempted fraud on the rights of the moving creditors whose attachments were subsequent in time. The…

1Opinion of the Court

Ellison J.

—This case comes here on the appeal of Crlaser Brothers and others, creditors of the defendant Wimer. They are styled, moving creditors, and filed their motion to postpone the lien of plaintiff’s attachment to' theirs which had been subsequently levied. *127There was a demurrer to their motion sustained by the trial court.

It seems, from the allegation of the motion, that plaintiff and several others, including Locke, Hulett & Co., all creditors of defendant Wimer, instituted attachment suits against Wimer on December 10, 1889, the writs being levied on the same day, one day ahead of the…

2Cases cited1 opinion

  1. Adler v. AndersonMissouri Court of Appeals · 1890

3Cited by2 opinions

  1. Security Nat. Bank v. Truscon Steel Co.Supreme Court of Oklahoma · 1923
  2. Lane v. WhiteMissouri Court of Appeals · 1895

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