Wellman v. Kaiser Investment Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. (1) A failing or insolvent debtor lias the right to prefer one creditor over another, even though the effect of the preference is to hinder and delay other creditors, and even though the creditor has knowledge that the debtor intended to hinder, delay or defraud his creditors.
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Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. (1) A failing or insolvent debtor lias the right to prefer one creditor over another, even though the effect of the preference is to hinder and delay other creditors, and even though the creditor has knowledge that the debtor intended to hinder, delay or defraud his creditors. Growney v. Lowe, 234 Mo. 696; Stahlhuth v. Nagle, 229 Mo. 582; Gust v. Hoppe, 201 Mo. 300; Wall v. Beedy, 161 Mo. 637; Bank v. Pry, 216 Mo. 34; Alberger v. White, 117 Mo. 363; Sexton v. Anderson, 95- Mo. 379; Albert v. Besel, 88 Mo. 150; Shelley v.…
1Opinion of the CourtWoodson, P. J.
The plaintiff, as trustee in bankruptcy, of the estate of Chris Von der Ahe, instituted this suit, creditor’s bill, in the circuit court of the city of St. Louis, to set aside and for naught hold certain deeds of conveyance mentioned in the pleadings and evidence, conveying the real estate in controversy, situate in the city of St. Louis, on the ground of fraud, and to recover same from the defendants, the present title to which now rests in the defendant Kaiser Investment Company.
The substance of the pleadings are briefly and fairly stated by counsel for appellant in the following language:
“P…
2Cases cited4 opinions
- Huffman v. HuffmanSupreme Court of Missouri · 1909
- National Tube Works Co. v. Ring Refrigerating & Ice Machine Co.Supreme Court of Missouri · 1893
- Stephenson v. RichardsMissouri Court of Appeals · 1891
- Lawson v. GudgelSupreme Court of Missouri · 1870
3Cited by2 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Hale v. HummelCourt of Appeals for the Eighth Circuit · 1933