Ring v. Chas. Vogel Paint & Glass Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The court erred in not giving both of the appellant’s instructions at end of the plaintiff’s evidence, as there was no evidence tending to show that the debt sued for was fraudulently contracted. ( 2 ) The instructions given for respondent were improper, and are not the law of the case. Bank v. Sells, 8 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. (1) The court erred in not giving both of the appellant’s instructions at end of the plaintiff’s evidence, as there was no evidence tending to show that the debt sued for was fraudulently contracted. ( 2 ) The instructions given for respondent were improper, and are not the law of the case. Bank v. Sells, 8 Mo. App. 85, 91 ; Dunn ». White, 63 Mo. 81; Delaney v. Rogers, 64 Mo. 201; Walsh v. Moore, 80 Mo. 56S. (3) The verdict was not proper, as it is impossible to tell by it whether the jury found the respondent…
1Opinion of the CourtRombauer, P. J.
The plaintiff sued by attachment, alleging as grounds for the proceeding that the debt sued for was fraudulently contracted by the defendant, and that the defendant was about fraudulently to dispose of its property. The second ground of attachment was withdrawn by the court at the close of the evidence, and on the first ground, which was the only one submitted to them, the jury found for the plaintiff. The errors assigned by the appealing defendant are, that the verdict is general, that there is no evidence to support it, and that the court misdirected the jury. As no motion in arrest was…
2Cases cited2 opinions
- Dulaney v. RogersSupreme Court of Missouri · 1876
- Cunningham v. NortonSupreme Court of the United States · 1888
3Cited by11 opinions
- Henderson v. DavisMissouri Court of Appeals · 1898
- Lindsey v. NagelMissouri Court of Appeals · 1911
- Jonesboro v. United Iron Works Co.Missouri Court of Appeals · 1906
- Oliver-Finnie Grocer Co. v. MillerMissouri Court of Appeals · 1893
- J. B. Sickles Saddlery Co. v. BullockMissouri Court of Appeals · 1900
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