State ex rel. Kessler v. Gold Spring Distilling Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The statement in the third instruction given for relator that ‘ ‘the law presumes the sale and transfer of the property from Leonard Kessler to plaintiff to have been lawful,” was erroneous. The transaction was out of the usual course of the business of Leonard Kessler. Bump, on Fraud.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The statement in the third instruction given for relator that ‘ ‘the law presumes the sale and transfer of the property from Leonard Kessler to plaintiff to have been lawful,” was erroneous. The transaction was out of the usual course of the business of Leonard Kessler. Bump, on Fraud. Oonv. [4.Ed.], sec. 63. See, also, Hoffer v. Gladden, 75 Gra. 537; Frisk v. Reigleman, 75 Wis. 504; Van Ralte v. Harrington, 101 Mo. 608; Harrell v. Mitchell, 61 Ala. 271; State to use v. Mason, 112 Mo. 375; State ex ret. v. Purcell, 131…
1Opinion of the CourtBond, J.
This is an action by the claimant of attached property upon a bond of indemnity executed by the attaching creditor. The defense was that the transfer and sale of the property to the claimant by *575the debtor was fraudulent. Upon the erial a verdict and judgment for $306 was rendered in favor of the relator, from which this appeal is taken.
instruction. Complaint is made of an instruction telling the jury to find for relator for any property which the evidence showed was acquired by him from third parties and not from the defendant in the attachment suit. There was no error in this instruction.…
2Cited by2 opinions
- Dye v. BowlingMissouri Court of Appeals · 1900
- Morley v. City of St. JosephMissouri Court of Appeals · 1905