Gage v. Mears
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. The court erred in refusing the second paragraph of defendants’ instruction No. 2. All the facts therein enumerated are shown by thfe evidence, and being undisputed, should have been submitted to the jury fby instruction as badges of fraud from which the legal inference of a fraudulent purpose on the part of the vendor and of knowledge or notice thereof by the vendee might be drawn. Bump on Frdl. Conv.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. The court erred in refusing the second paragraph of defendants’ instruction No. 2. All the facts therein enumerated are shown by thfe evidence, and being undisputed, should have been submitted to the jury fby instruction as badges of fraud from which the legal inference of a fraudulent purpose on the part of the vendor and of knowledge or notice thereof by the vendee might be drawn. Bump on Frdl. Conv. (2 Ed.), p. 34; Dry Goods Co. v. Schooley, 66 Mo. App. 406; Van Raalte v. Harrington, 101 Mo. 602; Barrett v. Davis, 104 Mo.…
1Opinion of the CourtBland, P. J.
This is the second appeal of this case. The facts as developed on the first trial are set out in the opinion of this court rendered at the March term, 1902, reported in 94 Mo. App. 307. The facts developed on the last trial are not materially different from the facts shown on the first trial, with this exception; B. A. Macke testified on the last trial but did not testify on the first trial. His evidence tends to explain the hurry in which the trade between Trawick and Mears was made and the reason it was made after night. His evidence in this regard is as follows:
“ Sometime in the latter…
2Cases cited18 opinions
- Chappell v. AllenSupreme Court of Missouri · 1866
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1899
- Crews v. LacklandSupreme Court of Missouri · 1878
- Forrester v. MooreSupreme Court of Missouri · 1883
- State v. HomesSupreme Court of Missouri · 1852
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3Cited by3 opinions
- Herrman v. DaffinMissouri Court of Appeals · 1957
- Link v. HathwayMissouri Court of Appeals · 1910
- Weaver v. RudasillMissouri Court of Appeals · 1913