Bauer Grocery Co. v. Sanders & Henrich
Missouri Court of Appeals
Appeal from, the Butler Circuit Court. — Hon. Jno. G. Wear, Judge. Instruction numbered 1 is not a correct statement of the law as to the proof required to establish the fact that a conveyance is fraudulent. First. By requiring the fraud to be “clearly proven” it requires from the plaintiff a higher degree of proof than is the rule in civil cases, to which cases of fraudulent conveyance are not an exception. Second.
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Appeal from, the Butler Circuit Court. — Hon. Jno. G. Wear, Judge. Instruction numbered 1 is not a correct statement of the law as to the proof required to establish the fact that a conveyance is fraudulent. First. By requiring the fraud to be “clearly proven” it requires from the plaintiff a higher degree of proof than is the rule in civil cases, to which cases of fraudulent conveyance are not an exception. Second. The instruction misstates the rule of law as to evidence in such cases in saying that the fraud must be clearly proved by specific acts and circumstances tending to prove fraud.…
1Opinion of the CourtBond, J.
— Plaintiffs are creditors of Mary E. Sanders and Charles Henrich, as copartners under the firm of Sanders and Henrich, and on the twenty-third of March, 1897, plaintiffs brought an attachment suit for $457.04 and caused the writ to be levied upon certain merchandise as belonging to their said debtors. The property was sold by order of the court. Thereafter B. H. Sanders interpleaded in the cause and alleged that he was the owner of the attached property. Upon issues attacking his title for fraud, the case was tried, and after a verdict in his favor, a judgment “of restitution of the property…
2Cases cited4 opinions
- Marshall v. Thames Fire InsuranceSupreme Court of Missouri · 1869
- Edwards v. George Knapp & Co.Supreme Court of Missouri · 1888
- Blakely v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Mahan v. School District No. 1Missouri Court of Appeals · 1888
3Cited by7 opinions
- Rouchene v. Gamble Construction Co.Supreme Court of Missouri · 1935
- Nelson v. EvansSupreme Court of Missouri · 1936
- Aly v. Terminal Railroad Assn.Supreme Court of Missouri · 1935
- Livanovitch v. LivanovitchSupreme Court of Vermont · 1926
- Sheehan v. Terminal Railroad Assn.Supreme Court of Missouri · 1935
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