Gill v. Ely-Norris Safe Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Jas. E. Slover, Judge. (1) As the sale to defendant was made and possession of the property taken by it prior to the adjudication in bankruptcy, the finding of the court that the bill of sale was fraudulent as to all creditors was erroneous, and its judgment cannot stand. In re Cooperage & Lbr. Co., 180 Fed. 105; Davis v. Turner, 120 Fed. 605 ; Bank v. Bank, 136 V. S. 223; Carriage Co. v. Wells, 99 Mo.
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Appeal from Jackson Circuit Court. — Eon. Jas. E. Slover, Judge. (1) As the sale to defendant was made and possession of the property taken by it prior to the adjudication in bankruptcy, the finding of the court that the bill of sale was fraudulent as to all creditors was erroneous, and its judgment cannot stand. In re Cooperage & Lbr. Co., 180 Fed. 105; Davis v. Turner, 120 Fed. 605 ; Bank v. Bank, 136 V. S. 223; Carriage Co. v. Wells, 99 Mo. App. 641; Thompson v. Massey, 76 Mo. App. 197; Milling Co. v. Com. Co. 128 Mo. 473; (2) The authorities are agreed that book entries are not admissible…
1Opinion of the Court
TRIMBLE, J. —
This is a suit by the trustee in bankruptcy of the Cramer Safe Company to set aside an alleged bill of sale made by the Cramer Safe Company to defendant, to recover funds of said company appropriated by defendant after the execution of said bill of sale and to obtain the remainder of the Cramer Company’s property held by defendant, or its reasonable value, at the trustee’s election.
The first answer was a general denial, but later an amended answer was filed admitting the execution of the bill of sale and stating the reasonable value of the property described therein to be not…
2Cases cited12 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Tumlin v. BryanCourt of Appeals for the Fifth Circuit · 1908
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Schneider v. PattonSupreme Court of Missouri · 1903
- Hardy v. GrayCourt of Appeals for the First Circuit · 1906
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3Cited by3 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Coleman v. HageySupreme Court of Missouri · 1913
- Hunter v. AnthonyMissouri Court of Appeals · 1922