Feucht v. Evans
Supreme Court of Arkansas
.APPEAL from St. Francis Circuit Court in Chancery. M. T. Saunders, Judge. J. J. Evans, of the firm of Collins & Evans, sold the drug store of said firm to his father, H. Evans. Feucht and others •who had obtained judgments against the firm, brought this suit to set aside the sale on the ground that it was made to defraud • creditors. J. J. and H. Evans filed separate answers, denying the alleged fraud.
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.APPEAL from St. Francis Circuit Court in Chancery. M. T. Saunders, Judge. J. J. Evans, of the firm of Collins & Evans, sold the drug store of said firm to his father, H. Evans. Feucht and others •who had obtained judgments against the firm, brought this suit to set aside the sale on the ground that it was made to defraud • creditors. J. J. and H. Evans filed separate answers, denying the alleged fraud. It was shown that Collins had removed from the State at the time of the sale and that the firm was then largely in debt and unable to satisfy the demands against it. The Circuit Court…
1Opinion of the CourtHemingway, J.
Upon an examination of the evidence, we-cannot find that the sale was made with intent, in fact, to hinder, delay or defraud the creditors of Collins & Evans. On the contrary, we think it was made by a son, unsuccessful in business ventures, to repay in part, loans from an indulgent father. The purpose that prompted it was commendable.
But did J. J. Evans have the authority to make the sale ?" Or was it a transaction from which the law implies fraud?
It appears by the recitals of the bill of sale, that the property in controversy belonged to a firm composed of J. J. Evans- and Marcus Collins;…
2Cited by2 opinions
- Farris v. MorrisonSupreme Court of Arkansas · 1899
- Bartlett v. Meyer-Schmidt Grocer Co.Supreme Court of Arkansas · 1898