Barnes v. William Waltke & Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. The burden of proof should have been on plaintiff to show, as was alleged by him, that the alleged agreement between garnishee and defendant whereby the latter was to receive his -wages bi-weekly in advance, was not made in good faith but was made for the purpose of defeating plaintiff’s claim and fraudulently preventing the collection thereof. Such agreements are not void as a matter of law.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. The burden of proof should have been on plaintiff to show, as was alleged by him, that the alleged agreement between garnishee and defendant whereby the latter was to receive his -wages bi-weekly in advance, was not made in good faith but was made for the purpose of defeating plaintiff’s claim and fraudulently preventing the collection thereof. Such agreements are not void as a matter of law. Eeinkart v. Soap Co., 33 Mo. App. 27; Has v. Plaster Co., 82 Mo. App. 447. Where it appears that, defendant is the bead of a…
1Opinion of the CourtGoode, J.
This respondent obtained a judgment before a justice of the peace in St. Louis against Colonel A. Mathias, for $400, on which an execution was issued by the justice and returned nulla bona. Thereafter, in August, 1906, a transcript of the judgment was filed in the office of the clerk of the circuit court of said city and an execution was issued from the clerk’s office in which the appellant Wm. Waltke & Company, a corporation, was garnished. Mathias was and had been for several years in the employ of said corporation as a salesman. ' The company is a West Virginia concern *490engaged in the…
2Cases cited4 opinions
- Alt v. Lafayette BankMissouri Court of Appeals · 1880
- Davis v. MeredithSupreme Court of Missouri · 1871
- Kulage v. SchuelerMissouri Court of Appeals · 1879
- Jarboe v. JarboeMissouri Court of Appeals · 1904
3Cited by5 opinions
- Bambrick v. Bambrick Bros. Construction Co.Missouri Court of Appeals · 1910
- Campagna ex rel. Kolarik v. Automatic Electric Co.Appellate Court of Illinois · 1938
- John H. Schroeder Wine & Liquor Co. v. Willis Coal & Mining Co.Missouri Court of Appeals · 1913
- Koppen v. Union Iron & Foundry Co.Missouri Court of Appeals · 1914
- Texas Co. v. Asphalt Distributing Co.Missouri Court of Appeals · 1931