Spurgin Grocer Co. v. Frick
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) It is error to instruct the jury that a debtor may prefer one creditor to another, without also instructing, that such preference must have been for the sole purpose of securing an honest debt, and not with the intention of hindering, delaying or defrauding creditors. Distilling Go. v. Greath, 45 Mo. App. 169; Dunham-Buckley & Go. v. Halberg, 69 Mo. App. 509; Dry Goods Go. v. Schooley, 66 Mo.
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Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) It is error to instruct the jury that a debtor may prefer one creditor to another, without also instructing, that such preference must have been for the sole purpose of securing an honest debt, and not with the intention of hindering, delaying or defrauding creditors. Distilling Go. v. Greath, 45 Mo. App. 169; Dunham-Buckley & Go. v. Halberg, 69 Mo. App. 509; Dry Goods Go. v. Schooley, 66 Mo. App. 406. (2) Instruction number 4, given for the interpleader, is erroneous, because Bradford was a party to all the mortgages, and…
1Opinion of the CourtGill, J.
This is a controversy between the above named plaintiff, Spurgin Grocer Company, and D. J. Bradford, interpleader, as to the ownership of a small stock of groceries at Webb City, which was formerly owned by defendant Frick, against whom plaintiff brought attachment and levied on the goods as the property of said Frick. Plaintiff *131and interpleader were each creditors of Frick. The latter became financially embarrassed, and the inter-pleader makes claim under a chattel mortgage executed to him January 4, 1896, to secure a debt of $1,078, while plaintiff’s right is based on a subsequent…
2Cases cited4 opinions
- State v. BurksSupreme Court of Missouri · 1896
- Robinson v. DrydenSupreme Court of Missouri · 1893
- Meyer Bros. Drug Co. v. McMahanMissouri Court of Appeals · 1892
- Steinwender v. CreathMissouri Court of Appeals · 1891
3Cited by2 opinions
- Creighton v. Modern Woodmen of AmericaCourt of Appeals of Kansas · 1901
- Tilles v. Pulitzer Publishing Co.Supreme Court of Missouri · 1912