State ex rel. Meysenburg v. Excelsior Distilling Co.
Missouri Court of Appeals
Appeal from tlie St. Louis Circuit Court, Shepard-Barclay, Judge. A conveyance by an insolvent debtor, whose effect is to hinder and delay creditors, is fraudulent as to such creditors. Burger't v. Borchert, 59 Mo. 80; State to use v. Kaicert, 2 Mo. App. 295; Shelley v. Boothe, 73 Mo. 74, 76. The verdict of the jury, after a considerable portion of the assigned property had been released and replevined, was largely in excess of the debt. McNichols v. Rubleman, 13 Mo.
Read the full summary
Appeal from tlie St. Louis Circuit Court, Shepard-Barclay, Judge. A conveyance by an insolvent debtor, whose effect is to hinder and delay creditors, is fraudulent as to such creditors. Burger't v. Borchert, 59 Mo. 80; State to use v. Kaicert, 2 Mo. App. 295; Shelley v. Boothe, 73 Mo. 74, 76. The verdict of the jury, after a considerable portion of the assigned property had been released and replevined, was largely in excess of the debt. McNichols v. Rubleman, 13 Mo. App. 515; Bolter v. McDowell, 31 Mo. 62, 74; Kuykendall v. McDonald, 15 Mo. 416-420. An insolvent debtor may sell all or any…
1Opinion of the CourtThompson, J.
This was an action on an indemnifying bond given in an attachment suit under the sheriff and marshal’s act. The attachment was sued out by the Excelsior Distilling Company against Charlotte Meysenburg, who traded under the name 'of C. Meysenburg & Company. The property was claimed in conformity with the act by Theodore A. Meysenburg. Thereupon a portion of the property levied upon was released and the indemnifying bond now sued on was given in respect of the residue. The defence set up in the answer is, that, prior to the levy, the property had been transferred by Charlotte Meysenburg to…
2Cases cited7 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Potter v. McDowellSupreme Court of Missouri · 1860
- Kuykendall ex rel. Middleton, Perry & Co. v. McDonaldSupreme Court of Missouri · 1852
- McNichols v. RichterMissouri Court of Appeals · 1883
- St. Louis Coffin Co. v. RubelmanMissouri Court of Appeals · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wilson v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1907
- Weinstein v. ReidMissouri Court of Appeals · 1887
- Pavlo v. Forum Lunch Co.Missouri Court of Appeals · 1929
- Schroeder v. MasonMissouri Court of Appeals · 1887
- Estes v. FryMissouri Court of Appeals · 1886