McVeagh v. Baxter
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. M. Black,, Judge. Instruction number two given for the interpleader,, Curtiss, is in direct conflict with numbers one and four, given for the plaintiffs in the attachment. If one, knowing-that a debtor is selling his property to hinder, delay or avoid the payment of his debts, buys it, and pays the full, value for it, such sales will be adjudged fraudulent. Shelley v. Boothe, 73 Mo. 74 ; Bump on Eraud.
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Appeal from Jackson Circuit Court. — Hon. E. M. Black,, Judge. Instruction number two given for the interpleader,, Curtiss, is in direct conflict with numbers one and four, given for the plaintiffs in the attachment. If one, knowing-that a debtor is selling his property to hinder, delay or avoid the payment of his debts, buys it, and pays the full, value for it, such sales will be adjudged fraudulent. Shelley v. Boothe, 73 Mo. 74 ; Bump on Eraud. Con., (3 Ed.) pp. 199, et seq; Cleihents v. Moore, 6 Wall. 299; Fishel v. Bochará, 52 G-a. 6§2;‘ Christian v. Greenwood, 23 Ark. 258;. Weisiger v.…
1Opinion of the CourtHenry, J.
The defendants, Baxter & Tuttle, were retail grocery merchants in Kansas City, and on December 7th, 1880, owed Curtiss $605 for borrowed money, and a firm in which Curtiss had an interest, $630 for merchandise. They also owed one Tomlinson $150, and Lathrop & Smith, attorneys, $100 for professional services. They were also indebted to the plaintiffs in the sum of $1,260. Baxter & Tuttle were insolvent, and Curtiss, in order to secure the debt they owed him, on the-7th day of December, 1880, purchased their stock of goods at the price of $2,485, which was paid by receipting to them for the…
2Cases cited2 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Forrester v. MooreSupreme Court of Missouri · 1883
3Cited by14 opinions
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- Meyberg v. JacobsMissouri Court of Appeals · 1890
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