Dunham-Buckley & Co. v. Halberg
Missouri Court of Appeals
Appeal from the Lawrence Circuit Court. — Hon. J. O. Lamson, Judge. Instruction number 3 for respondents is erroneous in requiring a specific purpose of intent to defraud, etc., when only the effect or legal condition is considered by the law. Mfg. Co. v. Jenkins, 47 Mo.
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Appeal from the Lawrence Circuit Court. — Hon. J. O. Lamson, Judge. Instruction number 3 for respondents is erroneous in requiring a specific purpose of intent to defraud, etc., when only the effect or legal condition is considered by the law. Mfg. Co. v. Jenkins, 47 Mo. App. 668; Noyes v. Cunningham, 51 Id. 194; Gens v. Rargadine, .56 Id. 245; Parker v. Roberts, 116 Mo. 657. It is also erroneous, because in the conjunctive, requiring a purpose to defraud, hinder, and delay creditors. Burget v. Borchert, 59 Mo. 80; Crow v. Beardsley, 68 Id. 435; Bupe v. AUcire, 77 Id. 641. The verdict was…
1Opinion of the CourtBiggs, J.
The plaintiff sued the defendants by attachment and the writ was levied upon 'a stock of goods. The defendants contested the right of attachment. On the trial of the plea in abatement the evidence for the plaintiff, which consisted of the deposition of L. N. Halberg, one of the defendants, tended to prove these facts. The defendants are brothers, and they failed in business in the state of Mississippi in 1888. At the time of their failure they were indebted to plaintiff. The demand was subsequently reduced to a judgment. Shortly after the failure the defendants opened a grocery store in Fort…
2Cases cited4 opinions
- State v. HerrellSupreme Court of Missouri · 1888
- Gens & Tiede v. Hargadine, McKittrick & Co.Missouri Court of Appeals · 1894
- Noyes, Norman & Co. v. CunninghamMissouri Court of Appeals · 1892
- Cole Manufacturing Co. v. JenkinsMissouri Court of Appeals · 1892
3Cited by5 opinions
- Coleman v. Jackson CountySupreme Court of Missouri · 1942
- Chandler v. GordaSupreme Court of Missouri · 1964
- Baer, Seasongood & Co. v. LismanMissouri Court of Appeals · 1900
- Friedman Bros. v. HolbergMissouri Court of Appeals · 1898
- In re the Assignment of RiceColumbiana County Probate Court · 1914