Legal Opinion

State ex rel. Taaffe v. Goggin

Supreme Court of Missouri

Decided November 22, 1905PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) A non-judgment creditor may proceed in equity if it be impossible for him to obtain a judgment at law. Nieters v. Brockman, 11 Mo. App. 600'; Kent v. Curtis, 4 Mo. App. 121; Lackland v. Smith, 5 Mo. App. 161; Dodd, Brown v. Levy, 10 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) A non-judgment creditor may proceed in equity if it be impossible for him to obtain a judgment at law. Nieters v. Brockman, 11 Mo. App. 600'; Kent v. Curtis, 4 Mo. App. 121; Lackland v. Smith, 5 Mo. App. 161; Dodd, Brown v. Levy, 10 Mo. App. 122; Pendleton v. Perkins, 49 Mo. 565; O ’Brien v. Coulter, 2 Black 421; Miller v. Davidson, 3 Gilm, 523; Smith v. Shepard, 2 Hay 163; Sharp v. Feltz’s Admr., 6 B. Mon. 16; Watts v. Gayle, 20 Ala. 823; Steere v. Hoagland, 39 Ill. 264; Unknown Heirs v. Kimball, 4 Ind. 546. (2) The…

1Opinion of the CourtValliant, J.

Suit in equity to set aside a deed by John Goggin, since deceased, to the defendant, his wife, on the ground that it was made to defraud creditors.

The case may be stated as follows.:

Peter Taaffe and Thomas E. Gay were partners in trade; the co-partnership was dissolved in 1891 by the death of Peter Taaffe; Gay qualified as administrator *485of the partnership estate and gave bond in the penalty of $5,000, with William P. Hourigan and John Goggin as sureties; the plaintiff qualified as administrator of the estate of Peter Taaffe. Pending the administration of the partnership estate, John Goggin,…

2Cases cited10 opinions

  1. Pendleton v. PerkinsSupreme Court of Missouri · 1872
  2. State ex rel. Rucker v. RuckerSupreme Court of Missouri · 1875
  3. Dix v. MorrisSupreme Court of Missouri · 1877
  4. State ex rel. Frost v. CreusbauerSupreme Court of Missouri · 1878
  5. State ex rel. Griffith v. HoltSupreme Court of Missouri · 1858

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Farmers & Traders Bank v. KendrickSupreme Court of Missouri · 1937
  2. State Ex Rel. Brigance v. SmithSupreme Court of Missouri · 1940
  3. Dalton v. BarronSupreme Court of Missouri · 1922
  4. Wolff v. RagerSupreme Court of Missouri · 1930

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