David Adler & Sons Clothing Co. v. Corl
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) In this case the action of the circuit court in refusing the defendant’s declaration of law and in giving the peremptory instruction on behalf of plaintiff in the trial of said cause on the issue joined on the plea in • abatement can only be justified on one theory, and that is, 'that of usury in the transaction.
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Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) In this case the action of the circuit court in refusing the defendant’s declaration of law and in giving the peremptory instruction on behalf of plaintiff in the trial of said cause on the issue joined on the plea in • abatement can only be justified on one theory, and that is, 'that of usury in the transaction. This is no ground under our statute unless the very fact that claims of that kind are of themselves fraudulent conveyances. (2) Even though the defendant had at one time paid to the bank more than the legal rate of…
1Opinion of the CourtValliant, J.
Plaintiff brought suit by attachment against defendant on claims aggregating $1,136. There were several grounds of attachment stated in the -affidavit, among them that defendant had fraudulently disposed of her property with intent, etc. Defendant filed -a plea in -abatement to the attachment and an answer to the petition on its merits. Upon a trial on the plea in abatement there was -a verdict for plaintiff, and on a trial on the merits there was also a finding and judgment for the plaintiff for the amount -of its claim.
The evidence on the part of the plaintiff tended to prove that…
2Cases cited6 opinions
- Lloyd v. ScottSupreme Court of the United States · 1830
- Ransom v. HaysSupreme Court of Missouri · 1867
- Kreibohm v. YanceySupreme Court of Missouri · 1900
- Rutherford v. WilliamsSupreme Court of Missouri · 1867
- Ferguson v. SodenSupreme Court of Missouri · 1892
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3Cited by6 opinions
- Marx v. HartSupreme Court of Missouri · 1902
- Coleman v. ColeSupreme Court of Missouri · 1900
- Western Storage & Warehouse Co. v. GlasnerSupreme Court of Missouri · 1902
- McManus v. BurrowsMissouri Court of Appeals · 1915
- Holmes v. SchmeltzMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.