Kurtz v. Troll
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) Even if-the debt from Wendell Scborle to bis brother, Leopold, was a valid one, and even if Wendell Scborle transferred tbe Kurtz notes in payment of, or security for, sucb debt, yet, if Wendell Scborle further intended, in making tbe sale to Kurtz, to binder, delay or defraud bis other creditors, and if Kurtz participated in sucb intent, then tbe sale as to Kurtz was void, although Leopold Scborle neither knew of nor…
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Transferred from St. Louis Court of Appeals. (1) Even if-the debt from Wendell Scborle to bis brother, Leopold, was a valid one, and even if Wendell Scborle transferred tbe Kurtz notes in payment of, or security for, sucb debt, yet, if Wendell Scborle further intended, in making tbe sale to Kurtz, to binder, delay or defraud bis other creditors, and if Kurtz participated in sucb intent, then tbe sale as to Kurtz was void, although Leopold Scborle neither knew of nor participated in sucb fraudulent intent. State ex rel. v. Purcell, 131 Mo. 318; Baker v. Harvey, 133 Mo. 653; Ross v. Ashton, 73…
1Opinion of the Court
BUEGESS, J. J.
— This case was transferred to the Supreme Court by the St. Louis Court of Appeals because of the dissent of one of the judges of that court from its majority opinion. Since the case has been pending in this court the defendant Henry Troll died, and the suit has been duly revived in the name of Harry Troll, his executor.
In the St. Louis Court of Appeals, the opinion of the court was delivered by Bond, J., and it, and the dissenting opinion of Judge Biggs, are as follows:
MAJORITY OPINION.
“BOND, J. J.
— This is a suit brought by the purchaser of a portion of the stock, of an…
2Cases cited8 opinions
- Raalte v. HarringtonSupreme Court of Missouri · 1890
- Sammons v. O'NeillMissouri Court of Appeals · 1895
- Rinehart v. LongSupreme Court of Missouri · 1888
- Martin v. EstesSupreme Court of Missouri · 1896
- Bank of Elkhart v. Western Lumber Co.Missouri Court of Appeals · 1894
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3Cited by5 opinions
- Salemonson v. ThompsonNorth Dakota Supreme Court · 1904
- Yellow Manufacturing Acceptance Corp. v. American Taxicabs, Inc.Supreme Court of Missouri · 1939
- Peoples Bank Ex Rel. Moberly v. JonesSupreme Court of Missouri · 1936
- Leonard v. MartinMissouri Court of Appeals · 1916
- Smith v. Mutual Life Ins. Co. of New YorkU.S. Circuit Court for the District of Massachusetts · 1910