Legal Opinion

Gage v. Trawick

Missouri Court of Appeals

Decided April 29, 1902PublishedCited by 5 opinions

Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) Declarations made by a vendor of goods before the transfer, which is attached as fraudulent, are competent as bearing upon the question of his intent in making the transfer. It was therefore error to exclude the evidence sought to be elicited from witness Nunn relative to statements made by Trawiek.

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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) Declarations made by a vendor of goods before the transfer, which is attached as fraudulent, are competent as bearing upon the question of his intent in making the transfer. It was therefore error to exclude the evidence sought to be elicited from witness Nunn relative to statements made by Trawiek. (2) Instruction No. 1 asked by the inter-pleader was improperly given, because the court, failed to explain to the jury what is meant in law by the term “good faith” used therein. Dry Goods Co. v. Schooley, 66 Mo. App. 406. (3)…

1Opinion of the CourtBland, P. J.

One A. P. Trawick, in December, 1897, owned and conducted a mercantile business at Hayti, Pemiscot county, and had on hand a general stock of merchandise of the estimated value of two thousand dollars. On November fourteenth and twenty-fourth of the same year he conveyed all the real estate he owned, consisting of four town lots in the town of Hayti, to E. E. Trawick, his father. On December first he traded his stock of goods to I. W. Mears for five hundred acres of swamp land and had the deed made to his wife, Effie Trawick. This land he and his wife, on the twelfth day of March, 1898,…

2Cited by5 opinions

  1. Gardner v. EldridgeMissouri Court of Appeals · 1910
  2. Callan v. PeckSupreme Court of Rhode Island · 1914
  3. Gage v. MearsMissouri Court of Appeals · 1904
  4. Louis v. LouisMissouri Court of Appeals · 1908
  5. Parker v. HollandMissouri Court of Appeals · 1906

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