Hewitt v. Price
Missouri Court of Appeals
Appea] from Barton Circuit Court. — Nora. E. C. Timmonds, Judge; (1) The court erred in giving instruction number 3, at tbe request of defendants. 14 Am. and Eng. Ency.. Law (2 Ed.), 242, 300; 3 Am. and Eng. Ency. Law (2 Ed.), 201; Bump on Fraud. Conv. (4 Ed.), 41-43, secs. 54, 56; Chamley v. Lord Dusany, 2 Scb. & Lef. 690; Bank v. Lumber Co., 59 Mo. App. 317; Bank v. Lumber Co., 134 Mo. 432; Bank v. Lumber C,o., 68 Mo.
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Appea] from Barton Circuit Court. — Nora. E. C. Timmonds, Judge; (1) The court erred in giving instruction number 3, at tbe request of defendants. 14 Am. and Eng. Ency.. Law (2 Ed.), 242, 300; 3 Am. and Eng. Ency. Law (2 Ed.), 201; Bump on Fraud. Conv. (4 Ed.), 41-43, secs. 54, 56; Chamley v. Lord Dusany, 2 Scb. & Lef. 690; Bank v. Lumber Co., 59 Mo. App. 317; Bank v. Lumber Co., 134 Mo. 432; Bank v. Lumber C,o., 68 Mo. App. 81; Reed v. Pelletier, 28 Mo. 173; Burgert v. Bor chert, 59 Mo. 80; Potter v. McDowell, 31 Mo. 62; Benne v. Schnecko, 100 Mo. 250; Cruder v. Bowles, 2 Am. Dec. 665;…
1Opinion of the CourtSmith, P. J.
This is an action of attachment the ground of which was that the defendants “had fraudulently conveyed and assigned their property and effects so as to hinder and delay their creditors.” The issue made by the plea in abatement was submitted to a jury whose verdict was for the defendants, and froni the judgment thereon this appeal was prosecuted.
The errors assigned by the plaintiff relate to the action of the court in the giving of certain instructions for defendants. The first of these, the third in the defendants ’ series, declared to the jury that “the defendant, S. C. Price, had the right…
2Cases cited5 opinions
- Reed v. PelletierSupreme Court of Missouri · 1859
- Gens & Tiede v. Hargadine, McKittrick & Co.Missouri Court of Appeals · 1894
- Noyes, Norman & Co. v. CunninghamMissouri Court of Appeals · 1892
- Flint-Walling Manufacturing Co. v. BallMissouri Court of Appeals · 1891
- Herman v. OwenMissouri Court of Appeals · 1890