Claflin v. Sylvester
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Hon. Geo. W. Lttbke, Judge. (1) The institution of the attachment suits of H. B. Claffin & Co. and Jacob Friedman & Bro., against Leubrie Bros, was fraudulent and void, there being no . ground for an attachment even if the debts due them were bona fide. It was a transfer of property to defraud creditors.
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Error to St. Louis City Circuit Court. — Hon. Geo. W. Lttbke, Judge. (1) The institution of the attachment suits of H. B. Claffin & Co. and Jacob Friedman & Bro., against Leubrie Bros, was fraudulent and void, there being no . ground for an attachment even if the debts due them were bona fide. It was a transfer of property to defraud creditors. Henderson v. Henderson, 55 Mo. 534; Johnson v. Sullivan, 23 Mo. 474. (2) The testimony shows that those suits were instituted with the preconceived design of the parties to the controversy to obtain the property attached for the use of the Leubrie…
1Opinion of the CourtBrace, J.
This is a proceeding' under the provisions of section 447, Revised Statutes, 1879, whereby Sylvester, Hilton & Co. and thirty-two other subsequent attaching creditors of Leubrie Bros, seek, by motion, to set aside or postpone the lien of two prior attachments, one in favor of H. B. Claflin & Co. for $39,698.80, and one in favor of Jacob Friedman & Co. for $24,549.73, on the ground:—
“1. That the debts sued for by Claflin & Co. and Friedman & Co. were, and are not, tona fide debts due and owing by the Leubrie Bros.
“2. That the attachments thereon were levied collusively for the purpose of…
2Cases cited5 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Craig v. ScudderSupreme Court of Missouri · 1889
- Jayne v. WineSupreme Court of Missouri · 1889
- Hard v. FosterSupreme Court of Missouri · 1889
- Gilbert v. GilbertMissouri Court of Appeals · 1888
3Cited by3 opinions
- City of St. Louis v. Annex Realty Co.Supreme Court of Missouri · 1903
- Adler v. AndersonMissouri Court of Appeals · 1890
- State ex rel. Burnham v. HickmanSupreme Court of Missouri · 1899