Hardwick v. Cox
Missouri Court of Appeals
Appeal from the Daviess Circuit Court. — Hon. C. H. S. G-oodman, Judge. (1) The plaintiff was in possession under Ms mortgage. The defendants attempted to destroy his title. To do this they should he required to clearly set forth in their answer the reasons why his mortgage and possession were not valid. A fraudulent conveyance ■cannot he proved under a general denial. Claflin v. Summers, 39 Mo. App. 419; Cummishey v. Williams, '20 Mo.
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Appeal from the Daviess Circuit Court. — Hon. C. H. S. G-oodman, Judge. (1) The plaintiff was in possession under Ms mortgage. The defendants attempted to destroy his title. To do this they should he required to clearly set forth in their answer the reasons why his mortgage and possession were not valid. A fraudulent conveyance ■cannot he proved under a general denial. Claflin v. Summers, 39 Mo. App. 419; Cummishey v. Williams, '20 Mo. App. 606; Moore v. Ives, 83 Mo. 32-3.; Very v. Levy, 13 How. (U. S.) 345. (2) There is nothing in the answer to show that the C. D. Smith Drug Company was a…
1Opinion of the CourtSmith, P. J.
— This was an action of trespass brought by the plaintiff against the defendants, for the wrongful taking and conversion to their own use of a stock of goods. The answer was a general denial. There was a trial which resulted in judgment for defendants, to reverse which the plaintiff has appealed.
I. The first ground of the plaintiff’s appeal is that the trial court erred in permitting the defendants, under the general denial contained in their answer, to introduce evidence, the tendency of which -was to prove that the mortgage under which the plaintiff claimed title to the goods in question…
2Cases cited14 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Shelley v. BootheSupreme Court of Missouri · 1880
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Greenway v. JamesSupreme Court of Missouri · 1864
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3Cited by3 opinions
- Davis v. TandyMissouri Court of Appeals · 1904
- People's Bank v. StewartMissouri Court of Appeals · 1909
- H. T. Simon Gregory & Co. v. Simcox & StainsMissouri Court of Appeals · 1898