Kehoe v. Taylor
Missouri Court of Appeals
Appeal from Clay Circuit Court, Hon. Thomas E. Turney, Special Judge. Statement of case by the court. This is a suit in equity by a creditor against an assignee of an insolvent estate. The petition, substantially, alleges, that on-day of January, 1882, one Rufus Suits being insolvent made an assignment to the defendant Taylor for the benefit of creditors. Taylor duly qualified and entered upon the duties of his office.
Read the full summary
Appeal from Clay Circuit Court, Hon. Thomas E. Turney, Special Judge. Statement of case by the court. This is a suit in equity by a creditor against an assignee of an insolvent estate. The petition, substantially, alleges, that on-day of January, 1882, one Rufus Suits being insolvent made an assignment to the defendant Taylor for the benefit of creditors. Taylor duly qualified and entered upon the duties of his office. It charges that at the time. aforesaid, Taylor and his co-defendant Scott were engaged as partners in the practice of law : that they were acting as the counsel and attorneys…
1Opinion of the CourtPhilips, P. J.
It is urged against the decree that it does not find the existence of the fraudulent conspiracy alleged in the petition, nor the fraudulent act charged against defendants in appropriating the proceeds of the dividends on the claims in question.
It was not necessary to the validity of the decree that there should have been any special finding of the facts by the court. If this court on review should find the essential facts to exist we would not be bound by the findings of the lower court in a chancery case. And again, if the facts found by the court be sufficient to warrant the decree under…
2Cases cited4 opinions
- Anderson v. VolmerSupreme Court of Missouri · 1884
- Gaty v. SackMissouri Court of Appeals · 1885
- Cravens v. GillilanSupreme Court of Missouri · 1876
- Noffsinger v. BaileySupreme Court of Missouri · 1880
3Cited by1 opinion
- State ex rel. Napton v. HuntMissouri Court of Appeals · 1891