Gilbert v. Gilbert
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. The institution of the attachment suit of Herman Gilbert was an attempt on the part of Henry Gilbert (participated in by Herman Gilbert) to hinder and delay the creditors of Henry Gilbert, and was, therefore, fraudulent and void, even if the alleged debt of Herman Gilbert could be regarded as bona fide and justly due and owing. Henderson v. Henderson, 55 Mo. 534; Kuykendall r.
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Appeal from the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. The institution of the attachment suit of Herman Gilbert was an attempt on the part of Henry Gilbert (participated in by Herman Gilbert) to hinder and delay the creditors of Henry Gilbert, and was, therefore, fraudulent and void, even if the alleged debt of Herman Gilbert could be regarded as bona fide and justly due and owing. Henderson v. Henderson, 55 Mo. 534; Kuykendall r. McDonald, 15 Mo. 416, 420 ; Johnson r. Bullirán, 23 Mo. 474 ; Witz r. Osburn, 2 S. E. Rep. 33 ; Bird r. Aitken, Rice’s Eq. [S. C.] 73; Pickett…
1Opinion of the CourtPeeks, J.
On January 23, 1888, Herman Gilbert sued out of the circuit court of the city of St. Louis a writ of attachment returnable to the April term, 1888, against the property of Henry Gilbert to recover the sum of $2,455, which writ was levied on the contents of two stores owned by said Henry Gilbert, one at 208 North Seventh street, the other at 2840 Market street. Subsequently, on the same day, A. Frankenthal & Bro. sued out of the same court a writ of attachment, returnable to the same term, against the same defendant, for the sum of $925.23, which writ was levied upon the same property. On…
2Cases cited12 opinions
- Russell's heirs v. Marks' heirsCourt of Appeals of Kentucky · 1860
- Erskine v. LoewensteinSupreme Court of Missouri · 1884
- Lowry v. McGeeIndiana Supreme Court · 1881
- Hensley v. BakerSupreme Court of Missouri · 1846
- Davis v. WoodSupreme Court of Missouri · 1841
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3Cited by5 opinions
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- Sutton v. StevensMissouri Court of Appeals · 1890