Legal Opinion

Scudder v. Atwood

Missouri Court of Appeals

Decided December 19, 1893PublishedCited by 11 opinions

Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. .(1) The testimony of plaintiff discloses a plan to conceal his property from his creditors by placing it in the name of defendant, and the successful execution of the plan; that the plaintiff by such fraudulent concealment of his property from March, -1888, to April, 1892, completely exhausted his creditor, so that the latter was compelled to take a small per cent, of the debt due from plaintiff; that…

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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. .(1) The testimony of plaintiff discloses a plan to conceal his property from his creditors by placing it in the name of defendant, and the successful execution of the plan; that the plaintiff by such fraudulent concealment of his property from March, -1888, to April, 1892, completely exhausted his creditor, so that the latter was compelled to take a small per cent, of the debt due from plaintiff; that now the plaintiff “has gotten rid of his creditor,” and seeks the aid of a court of equity to recover backtheproperty.…

1Opinion of the CourtBond, J.

This is a proceeding in equity for the purpose of obtaining a decree or judgment, compelling the defendant to assign and deliver to the plaintiff a certain certificate, number 8, for two shares of stock in the St. Louis Electric Light & Power Co., and divesting all title in said two shares out of defendant and vesting the same in plaintiff.

The petition stated in substance that, at or immediately prior to the organization of said corporation, at plaintiff’s request and upon the understanding that he, the said defendant, should never be called upon to pay the same or any part thereof, and for…

2Cases cited12 opinions

  1. Nellis v. ClarkNew York Supreme Court · 1838
  2. Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
  3. Greenway v. JamesSupreme Court of Missouri · 1864
  4. Dent v. FergusonSupreme Court of the United States · 1889
  5. Sprague v. RooneySupreme Court of Missouri · 1891

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
  2. Wilson v. Motors Insurance CorporationMissouri Court of Appeals · 1961
  3. Garrison v. Campbell "66" Express, Inc.Missouri Court of Appeals · 1956
  4. Grauf v. City of SalemMissouri Court of Appeals · 1955
  5. Pelaggi Co. v. Orient Ins. Co.Supreme Court of Vermont · 1930

6 more not listed; retrieve them via the Exa API.

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