Reppy v. Reppy
Supreme Court of Missouri
Error to Second District-Court. I. The answer sets up facts which constitute a good legal and equitable defense to plaintiffs’ action. The consideration for the notes sued on moved from B. S. Reppy alone; Ms wife had no interest whatever in the goods sold to defendant; the making of the notes sued on payable to her was a fraud on the existing creditors of B. S. Reppy.
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Error to Second District-Court. I. The answer sets up facts which constitute a good legal and equitable defense to plaintiffs’ action. The consideration for the notes sued on moved from B. S. Reppy alone; Ms wife had no interest whatever in the goods sold to defendant; the making of the notes sued on payable to her was a fraud on the existing creditors of B. S. Reppy. The notes sued on really belong to him alone, and his creditors have an equitable right to subject said notes to the payment of their debts. A husband can not, by deed or otherwise, assign his property to liis wife when he is…
1Opinion of the Court
CüRUlEit, Judge,
delivered the opinion of the court.
By way of defense and counter-claim, the defendants in their answer set up various demands owned and held by them against the plaintiff, B. S. Reppy, the husband of tho other plaintiff. As against him, a portion of these demands, at least, constitutes a proper subject of setoff. But the claim sued on is made up of two notes, both of w^nch are payable to Mrs. Reppy alone. The defendants admit their execution, and then proceed to allege that at the time the notes were executed they were not aware of their being made payable to their creditor’s…
2Cases cited3 opinions
- Potter v. McDowellSupreme Court of Missouri · 1860
- Mason v. JonesNew York Supreme Court · 1848
- Pawley v. VogelSupreme Court of Missouri · 1868
3Cited by13 opinions
- Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
- Sturdivant Bank v. Stoddard CountySupreme Court of Missouri · 1933
- Smith v. SpenglerSupreme Court of Missouri · 1884
- Homer v. National Bank of Commerce in St. LouisSupreme Court of Missouri · 1897
- Iler v. Rieger & Co.Missouri Court of Appeals · 1897
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