Pitman v. Chicago Lead Co.
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Hon. H. G. Timmondsi Judge. (1) Tbe conveyance being from tbe corporation to one of tbe members of its board of directors, is prima facie fraudulent.
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Appeal from Barton Circuit Court. — Hon. H. G. Timmondsi Judge. (1) Tbe conveyance being from tbe corporation to one of tbe members of its board of directors, is prima facie fraudulent. State ex rel. v. Rubber Co., 149 Mo. 181. (2) Tbe bolder of property, under a conveyance made by a corporation while it is insolvent to one of its board of directors, is required to show, in order to make out prima facie ownership, in additin to showing that the conveyance was ordered by the board of directors, and that the consideration was bona fide, that the board of directors in making the conveyance acted…
1Opinion of the CourtEllison, J.
Plaintiff is an attaching creditor of the defendant' corporation and interpleader filed his interplea claiming the property attached by plaintiff. At the close of the evidence for interpleader the trial court refused an instruction directing a verdict for plaintiff, and on the latter refusing to introduce evidence in his own behalf the court rendered judgment for interpleader and plaintiff has brought the case here.
It appears from testimony in interpleader’s behalf that the defendant corporation was controlled by a body of five directors, R. G. Blair being one of them, and that he was a…
2Cases cited12 opinions
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Foster v. Mullanphy Planing Mill Co.Supreme Court of Missouri · 1887
- Garvin's Adm'r v. WilliamsSupreme Court of Missouri · 1869
- Bogie v. NolanSupreme Court of Missouri · 1888
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3Cited by4 opinions
- Sisk v. Jordan Co.Supreme Court of Connecticut · 1920
- Pitman v. Chicago-Joplin Lead & Zinc Co.Missouri Court of Appeals · 1905
- State ex rel. Blair v. PitmanMissouri Court of Appeals · 1908
- Sisk v. Jordan Co.Supreme Court of Connecticut · 1920