Gaff v. Stern
Missouri Court of Appeals
Appeal from, the St. Louis Circuit Court, Thayer, J. Though a purchaser pay full value, yet if he have knowledge, or means of knowledge, of the fact that the vendor intends to defraud creditors, he is not a purchaser in good faith, and the sale is void against creditors.— The State to use v. Estel, 6 Mo. App. 9 ; The State to use v. JSTauert, 2 Mo. App. 295 ; Burgert v. Borchert, 59 Mo. 80; Balcer v. Bliss, 39 N. T. 74 ; Bump’s Fr. Conv.
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Appeal from, the St. Louis Circuit Court, Thayer, J. Though a purchaser pay full value, yet if he have knowledge, or means of knowledge, of the fact that the vendor intends to defraud creditors, he is not a purchaser in good faith, and the sale is void against creditors.— The State to use v. Estel, 6 Mo. App. 9 ; The State to use v. JSTauert, 2 Mo. App. 295 ; Burgert v. Borchert, 59 Mo. 80; Balcer v. Bliss, 39 N. T. 74 ; Bump’s Fr. Conv. (1st ed.) 231-233 ; Little v. Eddy, 14 Mo. 160 ; Knox v. Hunt, 18 Mo. 180 ; Johnson v. Sullivan, 23 Mo. 480. Relationship between grantor and grantee is a…
1Opinion of the CourtBakewell, J.
Plaintiffs sued Solomon Stern and John Albert, wholesale liquor dealers in St. Louis, by attachment, on the ground of conveyance and assignment of their property with intent to hinder, delay, or defraud their creditors. Mayer Stern and Isaac Stern, of the firm of M. Stern & Company, were in this proceeding summoned as garnishees. The plaintiffs denied the answer of the garnishees ; and set up that Stern and Albert had been engaged, since January 15, 1879, in a systematic plan to swindle their creditors, and that the garnishees were confederated with them in the perpetration of the fraud; that…
2Cases cited16 opinions
- Potter v. McDowellSupreme Court of Missouri · 1860
- Henderson v. HendersonSupreme Court of Missouri · 1874
- Gates v. LabeaumeSupreme Court of Missouri · 1853
- State ex rel. Holliday v. BenoistSupreme Court of Missouri · 1866
- Stanley v. BunceSupreme Court of Missouri · 1858
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3Cited by4 opinions
- Hoyt v. DavisMissouri Court of Appeals · 1886
- William Deering & Co. v. CollinsMissouri Court of Appeals · 1889
- State ex rel. Meysenburg v. Excelsior Distilling Co.Missouri Court of Appeals · 1885
- Handlan-Buck Manufacturing Co. v. Wendelkin Construction Co.Missouri Court of Appeals · 1907