R. L. McDonald & Co. v. Hoover
Supreme Court of Missouri
Appeal from Vernon Circuit Coivrt. — Hon. D. P. Stratton, Judge. (1) The transaction between Hoover Brothers and Dillard, as shown in this record, discloses actual fraud. (2) The agreement between Hoover Brothers and Dil- • ard, as detailed by the latter, at the time the chattel mortgage was executed, gave Dillard unlimited authority to deal both with the property and the creditors of the firm.
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Appeal from Vernon Circuit Coivrt. — Hon. D. P. Stratton, Judge. (1) The transaction between Hoover Brothers and Dillard, as shown in this record, discloses actual fraud. (2) The agreement between Hoover Brothers and Dil- • ard, as detailed by the latter, at the time the chattel mortgage was executed, gave Dillard unlimited authority to deal both with the property and the creditors of the firm. It shows an attempt to delegate the power and to prefer creditors, rendering the transaction fraudulent in law. Seegers Sons r. Thomas, 107Mo. 635; Ilamillv. England, 57 Mo. App. 106. (3) Therefore it…
1Opinion of the CourtGantt, P. J.
This appeal was taken from a judgment in favor of the interpleader Dillard in each of the foregoing eases in the Vernon circuit court at the April term, 1895. Said causes had been consolidated and were tried together. After a careful reading of the complete record we are satisfied we can not condense the facts into a more intelligible and accurate statement than that furnished us by Mr. January, the counsel for appellant, and hence we substantially adopt it..
*487Prior to September 8, 1890, J. W. and R. E. Hoover, brothers-, were engaged in the mercantile busi ness at Richards, in Vernon county,…
2Cases cited3 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Reed v. PelletierSupreme Court of Missouri · 1859
- Seger's Sons v. Thomas Bros.Supreme Court of Missouri · 1891
3Cited by19 opinions
- Allison v. MildredSupreme Court of Missouri · 1957
- Graton v. Holliday-Klotz Land & Lumber Co.Supreme Court of Missouri · 1905
- State ex rel. Brown v. BroaddusSupreme Court of Missouri · 1909
- State ex rel. Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Missouri · 1903
- State ex rel. Mayer v. O'NeillSupreme Court of Missouri · 1899
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