Rock Island Plow Co. v. Lang & Gray
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. E. J. Bboadus, Judge.r (1) The evidence was sufficient to justify a submission of the question of fraud to the jury. If the assignee participated in the fraud, then the assignment was void. Prior and subsequent, illegal actions of the parties to the deed of assignment are proper to be submitted to the jury as evidence of the fraudulent intent of the parties at- the date of the assignment.
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Appeal from the Carroll Circuit Court. — Hon. E. J. Bboadus, Judge.r (1) The evidence was sufficient to justify a submission of the question of fraud to the jury. If the assignee participated in the fraud, then the assignment was void. Prior and subsequent, illegal actions of the parties to the deed of assignment are proper to be submitted to the jury as evidence of the fraudulent intent of the parties at- the date of the assignment. State to use, etc. v. Benoist, 37 Mo. 501, 514; Goodwin v. Kerr, 80 Mo. 276; Adler v. Lang, 21 Mo. App. 516; Hazell v. Bank, 95 Mo. 60; Hatcher v. Winters, 71…
1Opinion of the CourtGill, J.
On April 16, 1892, the plaintiff plow company commenced an attachment suit against its debtors, Lang & Gray, and had the sheriff levy on a stock of hardware and farming implements at the town of Hale in Carroll county. In due season respondent Fink interpleaded, claiming the goods by virtue of a deed of assignment made and delivered to him by Lang & Gray April 15, the day preceding the attachment. On trial of this issue between the plow company and Fink, the alleged assignee, the jury under a peremptory instruction from the court found for the interpleader, andfrom a judgment in accordance…
2Cases cited3 opinions
- Eppright v. NickersonSupreme Court of Missouri · 1883
- Winn v. MaddenMissouri Court of Appeals · 1885
- Blank & Brother Candy Co. v. WalkerMissouri Court of Appeals · 1891
3Cited by1 opinion
- Kansas Moline Plow Co. v. WaylandMissouri Court of Appeals · 1899