Legal Opinion

Bangs Milling Co. v. Burns

Supreme Court of Missouri

Decided November 14, 1899PublishedCited by 13 opinions

Appeal from the Clinton Circuit Court. — Hon. William S. Hekndon, Judge. (1) There are many circumstances which, if taken separately, would not be deemed sufficient evidence of fraud, but when taken in their combinations furnish an abundance of evidence to send the case to the jury. All the circumstances must be taken collectively. Wait on Eraud.

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Appeal from the Clinton Circuit Court. — Hon. William S. Hekndon, Judge. (1) There are many circumstances which, if taken separately, would not be deemed sufficient evidence of fraud, but when taken in their combinations furnish an abundance of evidence to send the case to the jury. All the circumstances must be taken collectively. Wait on Eraud. Conv., sec. 224; State to use v. Mason, 112 Mo. 382. (2) The court erred in excluding the evidence of Stephen J. Burns, relating to the transactions with Sibbald and his wife. It is competent, in order to establish the fraudulent intent of the…

1Opinion of the CourtRobinson, J.

During the middle and latter part of February, 1892, the plaintiff in this case, together with some sixteen other creditors of Stephen J. Burns & Company, began suits by attachment, and levied upon and seized certain property in the hands of the interpleader herein, Harry S. Piggott, as the property of said Stephen J. Burns & Com*357pany. Piggott filed liis interplea, claiming the property so seized under a deed of trust executed by tbe defendants Stephen J. Burns & Company of date February 10, 1892, in which he was named as trustee, and the National Bank of St. Joseph, Missouri, and the Ayr Lawn…

2Cases cited2 opinions

  1. Stokes v. BurnsSupreme Court of Missouri · 1896
  2. Mapes v. BurnsMissouri Court of Appeals · 1897

3Cited by13 opinions

  1. Baird v. MeyerNorth Dakota Supreme Court · 1927
  2. Matusik v. LargeNevada Supreme Court · 1969
  3. Sikes v. ChaneyMissouri Court of Appeals · 1927
  4. Frances M. Cole v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1961
  5. Russell Products Co. v. BaileySupreme Court of Oklahoma · 1932

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