Alt v. Lafayette Bank
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. The insolvency of a donor will not prevent him from making a gift equal in value to his exemption. — Thomp. on Home. & Ex., sects. 435, 437, 438, 738, 740. The grantee or donee of the property can make the same defence that the debtor could. — Bevin v. Hayden, 13 Iowa, 127 ; Godmon v. Smith, 17 lud. 152; Megehe v. Draper, 21 Mo. 510 ; Olay ton v. Kurtzeborn, 2 Mo. App. 335 ; Moxlyv.
Read the full summary
Appeal from the St. Louis Circuit Court, Thayer, J. The insolvency of a donor will not prevent him from making a gift equal in value to his exemption. — Thomp. on Home. & Ex., sects. 435, 437, 438, 738, 740. The grantee or donee of the property can make the same defence that the debtor could. — Bevin v. Hayden, 13 Iowa, 127 ; Godmon v. Smith, 17 lud. 152; Megehe v. Draper, 21 Mo. 510 ; Olay ton v. Kurtzeborn, 2 Mo. App. 335 ; Moxlyv. Bagan, 10 Bush, 156. The donee can at least separate his own from that donated, and recover for it if converted. — Pullis v. Bobinson, 5 Mo. App. 548. Not having…
1Opinion of the CourtHayden, J.
The question here involved was, whether certain property, a grocer’s stock and fixtures, was the separate property of the wife, or the property of the husband, both of whom, as “plaintiffs', hero complain that the defendant levied on it as the property of the husband, when it belonged to the wife. To the plaintiffs’ evidence there was a demurrer, which the court sustained. It appeared that the husband was largely in debt, owing over $20,000, and having no means to pay his indebtedness. There was testimony to the effect that he gave his wife $250 or $300, and that with this amount, *93and $75…
2Cases cited6 opinions
- Wilcox v. . HawleyNew York Court of Appeals · 1864
- Bevan v. HaydenSupreme Court of Iowa · 1862
- Vaughan v. ThompsonIllinois Supreme Court · 1855
- Godman v. SmithIndiana Supreme Court · 1861
- Anthony, A. C., & Co. v. WadeCourt of Appeals of Kentucky · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Garrett v. WagnerSupreme Court of Missouri · 1894
- Stotesbury v. KirtlandMissouri Court of Appeals · 1889
- State ex rel. Nieman v. KochMissouri Court of Appeals · 1890
- Guntley v. StaedMissouri Court of Appeals · 1898
- Barnes v. William Waltke & Co.Missouri Court of Appeals · 1909
8 more not listed; retrieve them via the Exa API.