Farmers & Merchants Bank v. Price
Missouri Court of Appeals
Appeal from the Polk Circuit Court. — Hon. W. I. Wallace, Judge. Ordinarily, the instructions given for respondent would have been correct, but, applied to the facts in this case, they are grossly erroneous. Wm. H. Price conveyed a lot, worth two hundred dollars, to Melissa Kee. He didn’t owe her a dollar. He testifies: “I was not owing Melissa Kee anything, but my wife was and she and I are one. She knew nothing about it when I made the deed, nor for a long time after.”
Read the full summary
Appeal from the Polk Circuit Court. — Hon. W. I. Wallace, Judge. Ordinarily, the instructions given for respondent would have been correct, but, applied to the facts in this case, they are grossly erroneous. Wm. H. Price conveyed a lot, worth two hundred dollars, to Melissa Kee. He didn’t owe her a dollar. He testifies: “I was not owing Melissa Kee anything, but my wife was and she and I are one. She knew nothing about it when I made the deed, nor for a long time after.” Melissa Kee testified : “ Mr. Price was not; indebted to me in any sum, nor did I pay him anything for the lot he deeded to…
1Opinion of the CourtGill, J.
In September, 1888, the plaintiff bank, being a creditor of defendant Price, in the sum of three thousand dollars, sued defendant by attachment. The ground of attachment, as set out in the affidavit, was “ that defendant had fraudulently conveyed or assigned his property and effects so as to hinder or delay his creditors.” Defendant joined issue with the plaintiff by filing his plea in abatement denying such allegation. The matter thus at issue was tried in the circuit court before a jury, a finding and judgment was had for defendant and plaintiff has appealed to this court.
I. Aside from…
2Cases cited2 opinions
- Douglass v. CissnaMissouri Court of Appeals · 1885
- Cooper v. StandleyMissouri Court of Appeals · 1890
3Cited by5 opinions
- Clarke v. Philomath CollegeOregon Supreme Court · 1920
- Scharff v. McGaughSupreme Court of Missouri · 1907
- Sauer v. BehrMissouri Court of Appeals · 1892
- Kahmke v. WeberMissouri Court of Appeals · 1915
- Simon v. NortonMissouri Court of Appeals · 1894