Sternberg v. Levy
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Hoeatio D. Wood, Judge. 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; Ins. Co. v. Sandfelder, 9 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Hoeatio D. Wood, Judge. 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; Ins. Co. v. Sandfelder, 9 Mo. App. 285, and authorities there cited by appellants; Hoffman v. Nolte, 127 Mo. 120. Inasmuch as $290 of the $569 paid by Joseph…
1Dissent
DISSENTING OPINION BY JUDGE BIGGS.
The statement of facts in the majority opinion is-substantially correct as far as it goes. It fails, however, to state that the certificate of insurance in question was issued by the Western Travelers’ Association, which is a benevolent society, organized under article 10, chapter 42, of the Revised Statutes (1889) of Missouri, and that the interpleas herein are based on orders of the circuit court in an equitable garnishment proceeding instituted by Sternberg against the association and Pauline Levy, the object of which was to subject the amount due under…
2Cases cited8 opinions
- Ballou v. GileWisconsin Supreme Court · 1880
- Supreme Lodge, Knights of Honor v. NairnMichigan Supreme Court · 1886
- Chapman v. McIlwrathSupreme Court of Missouri · 1882
- Pullis v. RobisonSupreme Court of Missouri · 1880
- Fenn v. LewisMissouri Court of Appeals · 1881
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