Huiskamp v. Moline Wagon Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE WESTERN DISTRICT OF 'MISSOURI. On the 8th of January, 1880, the Moline Wagon Company, an Illinois corporation, commenced an attachment suit in the Circuit Court of Putnam County, in the state of Missouri, against Jacob Bummel and Edwin E. Cutler, copartners under the name of J. Bummel & Son.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE WESTERN DISTRICT OF 'MISSOURI. On the 8th of January, 1880, the Moline Wagon Company, an Illinois corporation, commenced an attachment suit in the Circuit Court of Putnam County, in the state of Missouri, against Jacob Bummel and Edwin E. Cutler, copartners under the name of J. Bummel & Son. The suit Was brought under a statute of Missouri, and claimed an indebtedness of $6122.61. The ground on which the attachment was issued was that the defendants had “fraudulently conveyed or assigned their property or effects so as to hinder and…
1Opinion of the CourtJustice Blatchford
Although the transaction between Kummel and Huiskamp Brothers may have been the subject of the trial on the plea in abatement, we are of opinion that .the evidence in question was improperly admitted. In order to invalidate the mortgage' of Kummel to Huiskamp Brothers it must have been made with the intent, on the part of Kummel, to hinder and delay his other creditors, and Huiskamp Brothers must have • accepted it with the intent of assisting Kummel to hinder and delay his other creditors. A debtor in failing circumstances having the right to prefer a creditor, if the preferred creditor has…
2Cases cited3 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Locke v. LewisMassachusetts Supreme Judicial Court · 1878
3Cited by44 opinions
- Jewell v. KnightSupreme Court of the United States · 1887
- Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Crawford v. SternbergCourt of Appeals for the Eighth Circuit · 1915
- Young v. ClappIllinois Supreme Court · 1892
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