Phillips & Co. v. Rule
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. 1H. R. McKee, Judge. The purchaser must have actual knowledge of the purpose of the debtor to defraud creditors. It is not sufficient that he had knowledge of such facts as would put an ordinary man on inquiry, gammons v. O’Neil, 60 Mo.
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Appeal from Clark Circuit Court. — Hon. 1H. R. McKee, Judge. The purchaser must have actual knowledge of the purpose of the debtor to defraud creditors. It is not sufficient that he had knowledge of such facts as would put an ordinary man on inquiry, gammons v. O’Neil, 60 Mo. App. 530. Hence the instruction offered and given by the court that if they had sufficient knowledge to put an ordinary man on inquiry was reversible error, as held by the court in White v. Million, 102 Mo. App. 440; Van Rault v. Harrington, 101 Mo. 602; gtate to use v. Mason, 112 Mo. 374. Statement. — In 1902, W. P.…
1Opinion of the CourtBland, P. J.
(after stating the facts.) — 1. The interpleaders, at the close of all the evidence, moved the court for a peremptory instruction to the jury to find for them. Interpleaders contend that this instruction should have been granted. We think not. The circumstances of the transaction, we think, would warrant a jury to find the sale was not bona fide. The sale of a large stock of goods in bulk, by an insolvent, without invoice or appraisement and made in haste, is ’’certainly some evidence from which a jury might infer fraud.
2. The court gave all the instructions asked by interpleaders, but gave…
2Cases cited5 opinions
- Dunne v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1895
- Barrett v. DavisSupreme Court of Missouri · 1891
- City of St. Louis v. Laclede Gas Light Co.Supreme Court of Missouri · 1900
- Fruin-Bambrick Construction Co. v. JonesMissouri Court of Appeals · 1894
- National Bank of Commerce v. Brunswick Tobacco Works Co.Supreme Court of Missouri · 1900
3Cited by1 opinion
- Johnson v. MasonMissouri Court of Appeals · 1914