Foster v. Mullanphy Planing Mill Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The only question before the court on an issue-in a plea in abatement to an attachment, alleging that the defendant has fraudulently conveyed or assigned his property, is whether he has so conveyed or assigned his property, and it is, therefore, entirely immaterial whether the trustee, Schureman, has any title to the-property conveyed here.
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Appeal from St. Louis Court of Appeals. (1) The only question before the court on an issue-in a plea in abatement to an attachment, alleging that the defendant has fraudulently conveyed or assigned his property, is whether he has so conveyed or assigned his property, and it is, therefore, entirely immaterial whether the trustee, Schureman, has any title to the-property conveyed here. Binders v. Bichards, 33 Mo. 598. (2) The directors of a solvent corporation are trustees for the shareholders, and are subject to all the duties and disabilities of trustees. McAllen n. Woodcock, 60 Mo. 174;…
1Opinion of the CourtSherwood, J.
Action brought August 9, 1883, on four promissory notes for $1600 each, dated September 14, 1881, and maturing in two, three, four and five years after date. At the time of filing his petition, plaintiff sued out an attachment, based on the grounds that the defendant had fraudulently conveyed and assigned, and had fraudulently disposed of its property and effects, so as to hinder and delay its creditors. Schureman and Gibson were summoned as garnishees. Defendant, in usual form, pleaded an abatement of the attachment. The issues thus raised were submitted on the following agreed statement of…
2Cases cited7 opinions
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Shelley v. BootheSupreme Court of Missouri · 1880
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Kitchen v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
- Eppright v. NickersonSupreme Court of Missouri · 1883
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3Cited by41 opinions
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- Curtin v. Salmon River Hydraulic Gold Mining & Ditch Co.California Supreme Court · 1900
- Orme v. Salt River Valley Water Users' Ass'nArizona Supreme Court · 1923
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