Rock Island National Bank v. Powers
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — HoN. J. H. Slover, Judge. (1) The evidence showed that the mortgage to C. H. V. Lewis, cashier, was one in part for the use of the mortgagor, and therefore fraudulent in law and ground for attachment. The court therefore erred in giving instruction number 1 at the instance of defendant.
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Appeal from Jackson Circuit Court. — HoN. J. H. Slover, Judge. (1) The evidence showed that the mortgage to C. H. V. Lewis, cashier, was one in part for the use of the mortgagor, and therefore fraudulent in law and ground for attachment. The court therefore erred in giving instruction number 1 at the instance of defendant. When the mortgagor of personal property is allowed to continue in possession and sell the mortgaged property and buy other property. with the proceeds of sales, the mortgage is fraudulent as to creditors. Bankv. Lumber Co., 59 Mo. App. 317; State to use v. Busch, 38 Mo.…
1Opinion of the Court
DIVISION ONE.
Brace, P. J.
This is an action on a promissory note by attachment, levied on defendant’s stock of lumber and other personal property at its lumber yards on Troost avenue, between Nineteenth and Twentieth streets, in Kansas City, issued on an. affidavit which charged: “That the defendant Western Lumber Company has fraudulently conveyed or assigned its property or effects so as to hinder or delay its creditors ” and “that the defendant Western Lumber Company has fraudulently concealed, removed, or disposed of its *440property or effects so as to binder or delay its creditors;” on which…
2Cases cited10 opinions
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Bullene v. BarrettSupreme Court of Missouri · 1885
- Barton v. SitlingtonSupreme Court of Missouri · 1895
- Bevans v. BoltonSupreme Court of Missouri · 1862
- Metzner v. GrahamSupreme Court of Missouri · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Friedel v. BaileySupreme Court of Missouri · 1931
- State ex rel. Mayer v. O'NeillSupreme Court of Missouri · 1899
- Grand Avenue Bank v. St. Louis Union Trust Co.Missouri Court of Appeals · 1909
- Gutta Percha Rubber Manufacturing Co. v. Kansas City Fire Department Supply Co.Supreme Court of Missouri · 1899
24 more not listed; retrieve them via the Exa API.