Bell v. Mulholland
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. STATEMENT OR THE CASE. This is an action in the nature of a suit in equity. Its purpose is to enjoin the appellants from filing with the Wabash Railway Company certain assignments of salary executed by the respondent. The record is voluminous. There are several lengthy exhibits, and we can not burden the statement with a copious recital of the testimony, or with copies of said exhibits.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. STATEMENT OR THE CASE. This is an action in the nature of a suit in equity. Its purpose is to enjoin the appellants from filing with the Wabash Railway Company certain assignments of salary executed by the respondent. The record is voluminous. There are several lengthy exhibits, and we can not burden the statement with a copious recital of the testimony, or with copies of said exhibits. The question at issue is whether the transactions between the parties which form the subject-matter of the controversy, were bona fide…
1Opinion of the CourtGoode, J.
We shall adopt the finding of the circuit court that the evidence showed the contracts between Bell and .Mulholland, when stripped of their disguises, to be loans of money secured by assignments of Bell’s monthly earnings. The real nature of the transactions was screened behind an unusually complicated mass of affidavits, contracts of agency and assignments, adapted equally to purchases in good faith of wages to be earned, and to advancements of money secured on such wages. The seeming earmark of a loan appears in the .affidavit, where it speaks of Bell having given Mulholland an assignment…
2Cases cited14 opinions
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Pope v. MarshallSupreme Court of Georgia · 1887
- Thayer & Williams v. KelleySupreme Court of Vermont · 1855
- Morgan v. SchermerhornNew York Court of Chancery · 1829
- Hawley v. BristolSupreme Court of Connecticut · 1872
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3Cited by8 opinions
- Ball v. Peper Cotton Press Co.Missouri Court of Appeals · 1909
- Heller v. LutzSupreme Court of Missouri · 1914
- Service Purchasing Co. v. BrennanMissouri Court of Appeals · 1931
- McKneely v. ArmstrongTexas Supreme Court · 1919
- Stewart v. Boone County Trust Co.Missouri Court of Appeals · 1935
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