Spencer v. Deagle
Supreme Court of Missouri
Error to St. Louis Common Pleas Court. I. Under the allegation of fraud, as set forth in the affidavit, the plaintiff simply introduced as evidence a deed of trust made by defendant. The deed -is not fraudulent on its face. The question was, then, upon extrinsic facts, and was for the jury. The plaintiff asked no instruction on the question of fraud. He, however, brought the matter before the jury by the introduction of the deed.
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Error to St. Louis Common Pleas Court. I. Under the allegation of fraud, as set forth in the affidavit, the plaintiff simply introduced as evidence a deed of trust made by defendant. The deed -is not fraudulent on its face. The question was, then, upon extrinsic facts, and was for the jury. The plaintiff asked no instruction on the question of fraud. He, however, brought the matter before the jury by the introduction of the deed. The doctrine of the .court is, that there must appear an intent to hinder and delay creditors; that the mere effect of the deed to do so will not invalidate it,…
1Opinion of the CourtBates, Judge
This was a suit by attachment upon an account for goods sold and delivered. The affidavit for the attachment stated, that by contract the defendant was bound to pay for said property on delivery; that the defendant had fraudulently conveyed or assigned his property so as to hinder and delay his creditors ; and that the defendant was about fraudulently to conceal or dispose of his property or effects, so as to hinder or delay his creditors.
The defendant filed a plea in the nature of a plea in abatemont, putting in issue the truth of the facts alleged in the affidavit. Upon the trial of the…
2Cited by7 opinions
- Weare Commission Co. v. DruleyIllinois Supreme Court · 1895
- Williams v. Fourth National BankSupreme Court of Oklahoma · 1905
- Curran v. RothschildColorado Court of Appeals · 1900
- Hafelfinger v. PerrySupreme Court of Colorado · 1912
- Shove v. FarwellAppellate Court of Illinois · 1881
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