Fink & Nasse v. Algermissen
Missouri Court of Appeals
Appeal from the St. Charles County Circuit Court, W. W. Edwards, Judge. If the interpleaders accepted the mortgage or conveyance, with the intent of thereby aiding and assisting Frank Algermissen in his design to hinder or delay his creditors, then the conveyance is fraudulent and void as to other creditors, even though that intention, on their part, may have been coupled with a purpose to secure, in "whole, or in part, a bona Jide-debt. 1 Rev. Stat. 1879, sect. 2494;…
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Appeal from the St. Charles County Circuit Court, W. W. Edwards, Judge. If the interpleaders accepted the mortgage or conveyance, with the intent of thereby aiding and assisting Frank Algermissen in his design to hinder or delay his creditors, then the conveyance is fraudulent and void as to other creditors, even though that intention, on their part, may have been coupled with a purpose to secure, in "whole, or in part, a bona Jide-debt. 1 Rev. Stat. 1879, sect. 2494; Bergert v. Bor chert, 59 Mo. 80, 83; The State to use v. Hauert, 2 Mo. App. 295, 296; Holmes ». Braidwood, 82 Mo. 610, 616 ;…
1Opinion of the CourtThompson, J.
• This was a contest between the plaintiffs in an attachment suit and certain interpleaders, who claimed the goods attached, by virtue of a chattel mortgage. The goods consisted of the stock in trade of the attachment defendant, who was a retail merchant. The mortgagees were his relatives. The mortgage was given to secure, *188among other things, an alleged indebtedness, the amount of which had not been determined, and certain contingent liabilities of endorsers or sureties for the defendant. The mortgage was duly recorded. After it was executed and recorded, the defendant in the attachment suit…
2Cases cited4 opinions
- Pond v. WymanSupreme Court of Missouri · 1851
- Toledo Wabash, & Western Railway Co. v. ShuckmanIndiana Supreme Court · 1875
- Henschen v. O'BannonSupreme Court of Missouri · 1874
- Jones v. TalbotSupreme Court of Missouri · 1836
3Cited by2 opinions
- Meredith v. WilkinsonMissouri Court of Appeals · 1888
- Williams v. CasebeerMissouri Court of Appeals · 1893