Bachman v. Lewis
Missouri Court of Appeals
Appeal from Daviess Circuit Court, Hon. Chas. H. S. Goodman, Judge. The case is stated in the opinion. I. The mortgage to Harriet C. Northnp being given upon a stock of goods and furniture, the mortgageor remaining in possession after its execution, and disposing of same for her own use with the knowledge and consent of the mortgagee is a fraud upon the creditors of the mortgageor.
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Appeal from Daviess Circuit Court, Hon. Chas. H. S. Goodman, Judge. The case is stated in the opinion. I. The mortgage to Harriet C. Northnp being given upon a stock of goods and furniture, the mortgageor remaining in possession after its execution, and disposing of same for her own use with the knowledge and consent of the mortgagee is a fraud upon the creditors of the mortgageor. Brooks v. Wimer, 20 Mo. 503; Walter v. Wimer, 24 Mo. 63; Zeigler v. Madox, 26 Mo. 575; Stanley v. -Bruce, 27 Mo. 269 ; s. c., 28 Mo. 547; Youllair v. Tasker, 31 Mo. 445. II. The mortgage permits the m ortgageor to…
1Opinion of the CourtEllison, J.
This was an action to charge the separate estate of Sarah E. Lewis, a married'woman, with the payment of a debt contracted by her as a sole trader, doing business at Gallatin, Missouri, as a retail furniture dealer, with the knowledge, consent, and assistance of her husband.
For the purpose of charging her estate, plaintiffs instituted a suit in equity, on May 12, 1885, and in aid of, and in connection with, said proceeding, on September 1, 1885, sued out an attachment, and had same levied on the separate property of defendant, Sarah E. Lewis, consisting of her' stock of goods in Gallatin. As…
2Cases cited9 opinions
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Gage v. GatesSupreme Court of Missouri · 1876
- Davis v. SmithSupreme Court of Missouri · 1881
- Musick v. DodsonSupreme Court of Missouri · 1882
- Frank v. SiegelMissouri Court of Appeals · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
- McCord & Nave Mercantile Co. v. BettlesMissouri Court of Appeals · 1894
- Beyer v. Continental Trust Co.Missouri Court of Appeals · 1895
- William Deering & Co. v. CollinsMissouri Court of Appeals · 1889
- German v. Universal Oil Products Co.District Court, W.D. Missouri · 1934
5 more not listed; retrieve them via the Exa API.