State ex rel. Erhardt v. Estel
Missouri Court of Appeals
Appeal from the St. Louis Court of Appeals. Fraud may be inferred from facts and circumstances shown in evidence. It is not necessary that allegations of fraud be sustained by that direct and plenary proof which excludes all presumption.— Watldns v. Wallace, 19 Mich. 57; Kaine v. Weigley, 22 Pa.
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Appeal from the St. Louis Court of Appeals. Fraud may be inferred from facts and circumstances shown in evidence. It is not necessary that allegations of fraud be sustained by that direct and plenary proof which excludes all presumption.— Watldns v. Wallace, 19 Mich. 57; Kaine v. Weigley, 22 Pa. St. 179 ; Reed v. Noxon, 48 111. 323. “ The law presumes that every man intends the necessary consequences of his acts; and if the act does hinder and delay his creditors, the law presumes it was made with a fraudulent intent.”— Rotter v. McDowell, 31 Mo. 69 ; Reed v. Pelletier, 28 Mo. 177 ; O ’…
1Opinion of the CourtHayden, J.
This is an action on a bond given by the appellants, under the Sheriffs’ Act, in an attachment suit brought by Steinmeyer & Co. against one Hermanns. The attachment was levied upon a stock of goods, and this stock the present plaintiff, Erhardt, claimed as his own, and, upon the sheriff continuing the levy, took the bond here sued on. The petition alleged that Hermanns had no interest in the property attached, and that the plaintiff was the owner. The answer averred that the goods were the property of Hermanns and *8rightfully attached as such. Upon the trial the evidence showed that the…
2Cases cited6 opinions
- Potter v. McDowellSupreme Court of Missouri · 1860
- Babcock v. . EcklerNew York Court of Appeals · 1862
- Martel v. SomersTexas Supreme Court · 1863
- Baker v. . BlissNew York Court of Appeals · 1868
- Ringgold v. WaggonerSupreme Court of Arkansas · 1853
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3Cited by9 opinions
- Allison v. MildredSupreme Court of Missouri · 1957
- Milburn v. PhillipsIndiana Supreme Court · 1893
- Steinwender v. CreathMissouri Court of Appeals · 1891
- Thomas v. FrelighMissouri Court of Appeals · 1880
- Cook Bros. & Co. v. Burnham, Hanna, Munger & Co.Court of Appeals of Kansas · 1896
4 more not listed; retrieve them via the Exa API.