Novelty Manufacturing Co. v. Pratt
Missouri Court of Appeals
Appeal from Linn Circuit Court, Hon. Gr. D. Burgess, Judge. The case is stated in the opinion.' I. A voluntary conveyance is prima facie evidence of an intent to defeat and defraud creditors, where the party making it, or procuring it made, is loaded with debt at the time. Holloway v. Milliard, 1 Maddock’s Rep. 225. II. The transfers, in this case, according to the evidence of the defendant, Avere merely colorable.
Read the full summary
Appeal from Linn Circuit Court, Hon. Gr. D. Burgess, Judge. The case is stated in the opinion.' I. A voluntary conveyance is prima facie evidence of an intent to defeat and defraud creditors, where the party making it, or procuring it made, is loaded with debt at the time. Holloway v. Milliard, 1 Maddock’s Rep. 225. II. The transfers, in this case, according to the evidence of the defendant, Avere merely colorable. Where-property is conveyed to a married woman to enable her husband to hold it, through her, as his own, the purchase money being paid by him, or the credit being given to him, the…
1Opinion of the CourtHall, J.
— This is an action -by attachment. The grounds of the attachment were four in number. The third ground' was, that the defendant had fraudulently conveyed and assigned his property and effects so as to hinder and delay his creditors. The defendant filed Ms plea in abatement, and a trial of the issues thus raised resulted in defendant’s favor.
The plaintiff complains here that the trial court refused one instruction asked by it. The trial was had, it may be conceded,. upon a theory too favorable to the defendant ; but of this the plaintiff is not in a position to complain, because that theory…
2Cited by4 opinions
- McBreen v. McBreenSupreme Court of Missouri · 1900
- Bank of Commerce v. ChambersSupreme Court of Missouri · 1888
- Graves v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1908
- Halferty v. ScearceSupreme Court of Missouri · 1896