Dougherty v. Harsel
Supreme Court of Missouri
Appeal from Clay Circioit Court. — Hqh. Geo. W. I) URN, Judge. (1) After tlie execution of tlie deeds of gift to liis' children, Anthony Harsel was insolvent, and his deeds were fraudulent as to existing creditors." The solvency required by the law, as essential to protect a voluntary conveyance, consists not only in the present ability of the debtor to pay his debts, but in such a condition of his means that payment can be enforced by law.” State ex rel.
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Appeal from Clay Circioit Court. — Hqh. Geo. W. I) URN, Judge. (1) After tlie execution of tlie deeds of gift to liis' children, Anthony Harsel was insolvent, and his deeds were fraudulent as to existing creditors." The solvency required by the law, as essential to protect a voluntary conveyance, consists not only in the present ability of the debtor to pay his debts, but in such a condition of his means that payment can be enforced by law.” State ex rel. O'Bryan v. Koontz, 83 Mo. 323 ; Patten v. Oasey, 57 Mo. 118; Bamp on .Fraud. Con., 298, 299, 292, 293, 294. (2) Limitation began running…
1Opinion of the Court
Norton, C.. J.
On the fourth of September, 1873, James'N. Jones, with Anthony Harsel, executed and delivered to A. T. Litchfield, their note for eight hundred and fifty dollars, payable in ninety days. On the first of August, 1879, this note was assigned to John A. Dougherty, who, on the thirteenth of January, 1883, instituted suit thereon in the Clay county circuit court, and on the eighth day of March, 1883, recovered judgment thereon for $1,456.32. Failing to make the money on execution, Dougherty instituted this suit in the said circuit court, on the sixth day of December, 1883, against…
2Cases cited3 opinions
- Halsa v. HalsaSupreme Court of Missouri · 1843
- West v. BundySupreme Court of Missouri · 1883
- Anderson v. ShockleySupreme Court of Missouri · 1884
3Cited by4 opinions
- Snyder v. FreeSupreme Court of Missouri · 1893
- Thierry v. ThierrySupreme Court of Missouri · 1923
- Anderson v. ScottSupreme Court of Missouri · 1888
- Page v. Joplin National Bank & Trust Co.Supreme Court of Missouri · 1953