Estes v. Fry
Missouri Court of Appeals
Appeal from the St. Charles County Circuit Court, W. W. Edwards, Judge. Evidence of an attempted compromise is improper. Smith v. Shell, 82 Mo. 215. Instructions containing abstract principles mislead rather than enlighten the jury.
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Appeal from the St. Charles County Circuit Court, W. W. Edwards, Judge. Evidence of an attempted compromise is improper. Smith v. Shell, 82 Mo. 215. Instructions containing abstract principles mislead rather than enlighten the jury. Chouteau v. Iron Works, 83 Mo. 73. An instruction which declares unconditionally the right of the defendant to sell or dispose of any of his property, thus completely ignoring evidence introduced as to the fact of the mortgaged condition of much of his property to the plaintiff, and thereby assuming the truth of a controverted fact, is erroneous. Farrar v. David,…
1Opinion of the CourtThompson, J.
This appeal is prosecuted by the plaintiff from a judgment in favor of the defendant upon a trial by a jury of the issues made .by a plea in abatement to an attachment. The grounds of attachment, which the plea in abatement put in issue, were as follows:
££1. That defendant is about fraudulently to convey or assign his property or effects so as to hinder or delay his creditors.
££2. That defendant has fraudulently conveyed or assigned his property or effects so as to hinder or delay his creditors.
“3. That defendant has fraudulently concealed, removed, or disposed of his property or effects so…
2Cases cited4 opinions
- Clark v. HammerleSupreme Court of Missouri · 1858
- Fugate v. CarterSupreme Court of Missouri · 1840
- State ex rel. Meysenburg v. Excelsior Distilling Co.Missouri Court of Appeals · 1885
- Drury v. WhiteSupreme Court of Missouri · 1847
3Cited by3 opinions
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- Miller v. Woolman-Todd Boot & Shoe Co.Missouri Court of Appeals · 1887
- Clem v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906