State ex rel. Salomon v. Mason
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court erred in refusing to instruct the jury that, if they believe that the alleged payment of $3,500 was not made by Trepp, they were bound to find that Trepp was indebted upon his three notes read in evidence, and to the full amount thereof.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court erred in refusing to instruct the jury that, if they believe that the alleged payment of $3,500 was not made by Trepp, they were bound to find that Trepp was indebted upon his three notes read in evidence, and to the full amount thereof. Bump on Fraudulent Conveyances [3 Ed.] pp. 574, 594; Gates v. Labeaume, 19 Mo. 26; McConnell v. Bank, 27 N. E. Rep..617. (2) There was no evidence that the value of the property in controversy exceeded Trepp’s indebtedness on said three notes, if said alleged payment was not…
1Opinion of the CourtMacfarlane, J.
This is an action upon the bond of defendant Mason as sheriff of the city of St. Louis, to recover damages for taking, under writs of attachment issued in April, 1888, against one Isaac Trepp, and selling certain goods claimed by plaintiff.
■ The answer admits the seizure and conversion of the goods, but charges that they were in fact the property of the debtor, _Isaac Trepp, and were transferred to plaintiff fraudulently, and with intent to hinder, delay and. defraud his creditors.
Isaac Trepp, a merchant doing business in Centra*378lia, Illinois, being in failing circumstances, on the eighteenth…
2Cases cited6 opinions
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Sexton v. AndersonSupreme Court of Missouri · 1888
- State v. GabrielSupreme Court of Missouri · 1886
- Carroll v. HaywardMassachusetts Supreme Judicial Court · 1878
- Raalte v. HarringtonSupreme Court of Missouri · 1890
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3Cited by18 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Magoon v. Boston & Maine Rd.Supreme Court of Vermont · 1894
- Cioli v. KenourgiosCalifornia Court of Appeal · 1922
- Mosby v. McKee, Zook & Whiteford Commission Co.Missouri Court of Appeals · 1902
- Sammons v. O'NeillMissouri Court of Appeals · 1895
13 more not listed; retrieve them via the Exa API.