John Deere Plow Co. v. Sullivan
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. — Hon. Jas. H. Lay, Judge. (1) Upon the entire record the interpleader is not entitled to recover, and the court should have directed a verdict for plaintiff. State ex rel. v. O’Neill, 52 S. W. Rep. 240; State ex rel. v. Merritt, 70 Mo. 283; Reid v. Lloyd, 52 Mo. App. 278. (2) The giving of the note for $2,934, payable in two years, under the circumstances of the case rendered the transaction fraudulent.
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Appeal from St. Clair Circuit Court. — Hon. Jas. H. Lay, Judge. (1) Upon the entire record the interpleader is not entitled to recover, and the court should have directed a verdict for plaintiff. State ex rel. v. O’Neill, 52 S. W. Rep. 240; State ex rel. v. Merritt, 70 Mo. 283; Reid v. Lloyd, 52 Mo. App. 278. (2) The giving of the note for $2,934, payable in two years, under the circumstances of the case rendered the transaction fraudulent. McDonald v. Hoover, 44 S: W. Rep. 334; Seger v. Thomas, 107 Mo. 635; Ridenour-Baker Gro. Co. v. Monroe, 43 S. W. Rep. 633; Elser v. Graber, 6 S. W. Rep.…
1Opinion of the CourtMarshall, J.
The defendant Sullivan, and C. M. Kee, as partners, in and prior to the early part of July, 1893, were engaged in the hardware business in Nevada, Missouri. Kee sold out to Sullivan for three thousand dollars, of which twenty-five hundred dollars remained due Kee in July, 1895. In July, 1895, the assets consisted of a stock of goods, worth about forty-five hundred to five thousand dollars, and some seven thousand dollars in notes and accounts. Sullivan and Kee owed the plaintiff herein twenty-two promissory notes, aggregating $2,557.49, which were payable on the first of each month, beginning…
2Cases cited7 opinions
- Elser v. GraberTexas Supreme Court · 1887
- Seger's Sons v. Thomas Bros.Supreme Court of Missouri · 1891
- McVeagh v. BaxterSupreme Court of Missouri · 1884
- State v. RobertsonSupreme Court of Louisiana · 1898
- Henney Buggy Co. v. AshenfelterNebraska Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Morrow v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Herrman v. DaffinMissouri Court of Appeals · 1957
- Laughlin v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1918
- Timmermann v. St. Louis Architectural Iron Co.Supreme Court of Missouri · 1927
- State v. ColemanMissouri Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.