Leeper v. Bates
Supreme Court of Missouri
Appeal from Wayne Circuit Court.—Hon. R. P. Owen. Judge. (1) If a demurrer to the evidence is proper in a suit in equity, it must be tested by the same rule as in an action at law. See Buesching v. Gas Light Co., 73 Mo. 219, as to this rule. (21 The evidence clearly shows an intention on the part of G-eorge Bates to defraud the creditors of Bates & Buehler.
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Appeal from Wayne Circuit Court.—Hon. R. P. Owen. Judge. (1) If a demurrer to the evidence is proper in a suit in equity, it must be tested by the same rule as in an action at law. See Buesching v. Gas Light Co., 73 Mo. 219, as to this rule. (21 The evidence clearly shows an intention on the part of G-eorge Bates to defraud the creditors of Bates & Buehler. (3) The defendant and Ms grantor were brothers, and transactions between them are subject to a more jealous scrutiny than if they had occurred between strangers. (4) It was the duty of defendant to make strict and full proof of the…
1Opinion of the Court
DeAbmond, C.
— Bates & Buehler (Geo. Bates and R. E. Bnehler), merchants at Mill Spring, Wayne county, became indebted to A. F. Shapleigh & Company and to R. X. Wilkinson, and to others. Upon the dissolution of the firm, so Bates claimed, Buehler assumed and agreed to pay those debts ; but Buehler afterward went through bankruptcy, leaving the debts unpaid. “Bates & Bro.” and “ Bates & Co.,” two names for the.firm composed of the brothers, George and Samuel A. .Bates, ■ succeeded Bates & Buehler. This firm and George Bates individually, became largely indebted. Geoxge had the management of the…
2Cases cited4 opinions
- Baldwin v. WhitcombSupreme Court of Missouri · 1880
- Massey v. YoungSupreme Court of Missouri · 1880
- Cass County v. GreenSupreme Court of Missouri · 1877
- Mabary v. McClurgSupreme Court of Missouri · 1881
3Cited by8 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Healey v. SimpsonSupreme Court of Missouri · 1892
- Troll v. SpencerSupreme Court of Missouri · 1911
- First National Bank v. SimpsonSupreme Court of Missouri · 1899
- Huetteman v. ViesselmannMissouri Court of Appeals · 1892
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