Vandeventer v. Goss
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. Where one is not insolvent and a conveyance made by him does not render him SO', such conveyance is not fraudulent as to creditors although there be no consideration therefor.
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Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. Where one is not insolvent and a conveyance made by him does not render him SO', such conveyance is not fraudulent as to creditors although there be no consideration therefor. Fehling v. Bursch, 165 Mo. 144. But if it be held that the assignment to the garnishee was without consideration, yet a voluntary conveyance is not void as to existing creditors, bnt is merely presumptively fraudulent as against them, and proof by the donee that the donor had ample property to meet all his debts at the time of the conveyance rebuts the…
1Opinion of the CourtGoode, J.
(after stating the facts) — The first point made against the judgment is that the court below erred in refusing to instruct that if, on account of rents and profits he had received from her land, defendant owed the garnishee when the goods were sold, more than the alleged consideration she was to pay for a two-thirds interest in the stock, and it was agreed between the garnishee and defendant that the consideration for her purchase was a credit to be entered on what the defendant owed her, then the plaintiff could not recover unless it appeared that the defendant had transferred the stock…
2Cases cited12 opinions
- Potter v. McDowellSupreme Court of Missouri · 1860
- Clark v. Louisville Water Co.Court of Appeals of Kentucky · 1890
- Dyer v. WittlerSupreme Court of Missouri · 1886
- Lane v. KingsberrySupreme Court of Missouri · 1848
- Eddy v. BaldwinSupreme Court of Missouri · 1862
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3Cited by3 opinions
- Wilkinson v. LivingstonCourt of Appeals for the Eighth Circuit · 1930
- MacDonald v. RumerSupreme Court of Missouri · 1928
- Star v. PenfieldMissouri Court of Appeals · 1912