Sternberg v. Levy
Supreme Court of Missouri
Transferred from St. Louis Oourt of Appeals. (1) As against plaintiff, an existing creditor, Joseph Levy had no legal right to pay assessments for the purpose of keeping a beneficiary certificate in force for the benefit of his adult sister. The payments made by him for that purpose after he became insolvent were presumably fraudulent as against plaintiff, an existing creditor. Snyder v. Free, 114 Mo. 360; Insurance Co. v. Sandfelder, 9 Mo.
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Transferred from St. Louis Oourt of Appeals. (1) As against plaintiff, an existing creditor, Joseph Levy had no legal right to pay assessments for the purpose of keeping a beneficiary certificate in force for the benefit of his adult sister. The payments made by him for that purpose after he became insolvent were presumably fraudulent as against plaintiff, an existing creditor. Snyder v. Free, 114 Mo. 360; Insurance Co. v. Sandfelder, 9 Mo. App. 285; Hoffman v. Nolte, 127 Mo. 120. (2) In as much as $290 of the $569 paid-by Joseph Levy to keep the certificate in force was paid after he became…
1Opinion of the CourtMarshall, J.
This is an interpleader between the plaintiff, as a judgment creditor of Joseph Levy, and the defendant, as the sister of Joseph Levy, for $2,500, benefits payable by the Western Commercial Travelers Association, upon the death of Joseph Levy, to Pauline Levy, his sister. There *621was a judgment in favor of Pauline Levy in tbe St. Louis Circuit Court. Plaintiff appealed to tbe St. Louis Court of Appeals, where tbe judgment of tbe circuit court was reversed and tbe cause remanded to tbe circuit court with directions to enter a judgment for tbe plaintiff for tbe amount of bis claim. Biggs, J.,…
2Cases cited4 opinions
- Wade v. JonesSupreme Court of Missouri · 1854
- Judson v. WalkerSupreme Court of Missouri · 1900
- Pullis v. RobisonSupreme Court of Missouri · 1880
- State ex rel. Malin v. MerriamSupreme Court of Missouri · 1901
3Cited by18 opinions
- City of Tarkio v. ClarkSupreme Court of Missouri · 1905
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1909
- Helvering v. ParkerCourt of Appeals for the Eighth Circuit · 1936
- Turner v. BrowneSupreme Court of Missouri · 1943
- North British & Mercantile Insurance v. IngallsCalifornia Court of Appeal · 1930
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