Blum v. Simpson
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. B. W. Rimes. On May 9, 1882, I. A. McLure was doing a mercantile business in the little hamlet of Rogers, in Bell county, and sold out his store house and lot and dwelling house to H. E. Simpson for $3,000, Simpson paying him $800 in cash and executing his three promissory notes in the sum of $733,333-, payable in six, twelve and eighteen months from date, at ten per cent, interest, to W. F. McLure or bearer.
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Appeal from Bell. Tried below before the Hon. B. W. Rimes. On May 9, 1882, I. A. McLure was doing a mercantile business in the little hamlet of Rogers, in Bell county, and sold out his store house and lot and dwelling house to H. E. Simpson for $3,000, Simpson paying him $800 in cash and executing his three promissory notes in the sum of $733,333-, payable in six, twelve and eighteen months from date, at ten per cent, interest, to W. F. McLure or bearer. W. F. McLure was the brother and partner, it seems, of I. A. McLure. The notes were all paid subsequently by Simpson. Simpson was a…
1Opinion of the Court
Willie, Chief Justice.
It is apparent, from the evidence, that the intention of I. A. McLure, in making the sale to Simpson, was to defraud his creditors, and the only question in the case is, did Simpson know of this intent, or have notice of such facts as would excite the suspicions of a man of ordinary prudence, and put him upon inquiry as to the reason and motives of the vendor in making the sale? Mills v. Howth, 19 Tex., 259; Traylor v. Townsend, 61 Tex., 146.
The evidence does not show that Simpson had any actual knowledge of McLure’s design in selling out his property, or of any debts…
2Cases cited1 opinion
- Mills v. HowethTexas Supreme Court · 1857
3Cited by10 opinions
- Texas Sand Company v. ShieldTexas Supreme Court · 1964
- Texas Indem. Ins. Co. v. PembertonCourt of Appeals of Texas · 1928
- McGriff v. HazleCourt of Appeals of Texas · 1947
- LeGierse & Co. v. WhitehurstTexas Supreme Court · 1886
- State v. BryanCourt of Appeals of Texas · 1975
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