Kuykendall ex rel. Middleton, Perry & Co. v. McDonald
Supreme Court of Missouri
ERROR to Platte Circuit court. t„ A failing debtor may lawfully give a preference in the payment of bis debts, and such’a dispositibn is valid, although the debtor’s object in giving the preference is to exclude from any share in his property, his unpreferred creditors, and therefore the court erred in refusing theplaintifl’s 3rd, 11th and 12th instructions. 2. A valuable consideration is not such a consideration only as is equal to the value of tho property sold.
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ERROR to Platte Circuit court. t„ A failing debtor may lawfully give a preference in the payment of bis debts, and such’a dispositibn is valid, although the debtor’s object in giving the preference is to exclude from any share in his property, his unpreferred creditors, and therefore the court erred in refusing theplaintifl’s 3rd, 11th and 12th instructions. 2. A valuable consideration is not such a consideration only as is equal to the value of tho property sold. It is a valuable consideration, although less than the actual value of the property sold, and upon this ground, the plaintiff’s…
1Opinion of the CourtScott, J.
McDonald, the defendant, having obtained a judgment against William G. Burnes and John S. Light, levied his execution upon property-in the possession of Light. Thereupon, Middleton, Perry & Co., claimed, the property, and demanded an inquisition by the sheriff to ascertain its ownership. Middleton, Perry & Co., having obtained a verdict, McDonald, the plaintiff in the execution against Burnes & Light, (but defendant here) then gave to the sheriff a bond of indemnity, and required him to sell the property levied on. This was accordingly done, and this suit was brought to the use of Middleton,…
2Cases cited1 opinion
- Clinkinbeard v. ClinkinbeardCourt of Appeals of Kentucky · 1860
3Cited by23 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Potter v. McDowellSupreme Court of Missouri · 1860
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Turner v. Chillicothe & Des Moines City RailroadSupreme Court of Missouri · 1873
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