Smith v. Schwed
U.S. Circuit Court for the District of Western Missouri
Iii Equity. This is a bill in equity brought to set aside a judgment rendered in the circuit court of Jackson county, Missouri, on the twenty-sixth day of January, 1880, in favor of respondent'Heller, and against respondents Schwed & Newhouse, for $9,512.50. The judgment was by confession, and it appears upon its face to have been upon a promissory note given by said Schwed & Newhouse to said Heller.
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Iii Equity. This is a bill in equity brought to set aside a judgment rendered in the circuit court of Jackson county, Missouri, on the twenty-sixth day of January, 1880, in favor of respondent'Heller, and against respondents Schwed & Newhouse, for $9,512.50. The judgment was by confession, and it appears upon its face to have been upon a promissory note given by said Schwed & Newhouse to said Heller. The bill charges that the judgment was confessed without consideration, and by fraud and collusion, for the purpose of hindering, delaying, and defrauding creditors. Schwed & Newhouse wore, for…
1Opinion of the CourtMcCrary, C. J.
I will consider the several questions of law and fact in this case in the order in which they have been argued by counsel.
1. It is insisted on the part of the defence that proof of fraud in the confession of the judgment in Pennsylvania, and in the sale of the Pittsburgh stock under execution thereon, is not admissible to show fraud in the judgment in Missouri. The true rule upon this subject is this: It is not competent, for the purpose of showing fraud in a particular transaction, to show that the same party has been *485guilty of fraud in another separate and independent transaction, not in…
2Cases cited4 opinions
- Gaines v. FuentesSupreme Court of the United States · 1876
- Barrow v. HuntonSupreme Court of the United States · 1879
- Clarke v. WhiteSupreme Court of the United States · 1838
- Chappel v. . ChappelNew York Court of Appeals · 1855
3Cited by3 opinions
- O'Keefe v. FosterWyoming Supreme Court · 1895
- Salemonson v. ThompsonNorth Dakota Supreme Court · 1904
- Swofford Bros. Dry Goods Co. v. Smith-McCord Dry Goods Co.Court Of Appeals Of Indian Territory · 1896