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…
1Opinion of the CourtEllison, J.
The case here arises on a plea in abatement to an affidavit in attachment wherein it was alleged that defendant (who was a dealer in lumber) had fraudulently conveyed its property so as to hinder and delay its creditors. The result in the circuit court was in favor of defendant and plaintiff has appealed. The instructions given at the trial were upon the theory that, although the conveyances of property shown to have been made by defendant were fraudulent, yet, unless defendant was at the time insolvent or became insolvent by the conveyance, it did not justify the attachment. In other words,…
2Cases cited1 opinion
- Reed v. PelletierSupreme Court of Missouri · 1859
3Cited by4 opinions
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Kurtz v. TrollSupreme Court of Missouri · 1903
- Dixon National Bank v. Western Lumber Co.Missouri Court of Appeals · 1896
- Kurtz v. Lewis Voight & Sons Co.Missouri Court of Appeals · 1901