Simon v. Norton
Missouri Court of Appeals
Appeal from the Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. There was no evidence tending to prove that Holcomb, before this transfer, had ever agreed to pay, or was under any legal obligation to pay, attorney’s fees for collecting these debts or securing or protecting his preferred creditors. It was a voluntary transfer founded upon a consideration which the' law does not recognize as valuable, and was made in pursuance to an agreement which could not be enforced.
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Appeal from the Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. There was no evidence tending to prove that Holcomb, before this transfer, had ever agreed to pay, or was under any legal obligation to pay, attorney’s fees for collecting these debts or securing or protecting his preferred creditors. It was a voluntary transfer founded upon a consideration which the' law does not recognize as valuable, and was made in pursuance to an agreement which could not be enforced. Bump on Fraudulent Conveyances, 222, 267; Woodson v. Pool, 19 Mo. 344; Obermeier v. Treseler, 19 Mo. App. 520; Banlc v.…
1Opinion of the CourtRombauer, P. J.
— This is a proceeding of a garnishment on execution. Judgment was rendered in favor of the garnishee in.the trial court, and the plaintiffs, who appeal, assign for error, that the court refused to give proper instructions which they requested, and that they are entitled to a judgment against the garnishee for some money under the conceded facts.
The facts as developed by the pleadings and evidence may be briefly stated as follows: The plaintiffs in April, 1888, recovered a judgment in Lincoln county against one Holcomb on his indebtedness to them existing prior to December, 1887, and caused…
2Cases cited3 opinions
- Woodson v. PoolSupreme Court of Missouri · 1854
- Farmers & Merchants Bank v. PriceMissouri Court of Appeals · 1890
- Mathews v. LothMissouri Court of Appeals · 1891
3Cited by2 opinions
- Wilkinson v. LivingstonCourt of Appeals for the Eighth Circuit · 1930
- H. T. Simon, Gregory & Co. v. NortonMissouri Court of Appeals · 1896