Esselbruegge Mercantile Co. v. Troll
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. The evidence is not sufficient to support a verdict finding the transfer from Noltkamper to the Esselbruegge Mercantile Company to have been fraudulent. Noltkamper had a perfect right to transfer his property in payment of an honest debt owed by him. Shoe Co. v. Casebeer, 53 Mo. App. 640; Pierson v. Slifer, 52 Mo. App. 273; Lumber Co. v. Planing Mill Co., 59 Mo. App. 383; Bank v. Shoemaker, 68 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. The evidence is not sufficient to support a verdict finding the transfer from Noltkamper to the Esselbruegge Mercantile Company to have been fraudulent. Noltkamper had a perfect right to transfer his property in payment of an honest debt owed by him. Shoe Co. v. Casebeer, 53 Mo. App. 640; Pierson v. Slifer, 52 Mo. App. 273; Lumber Co. v. Planing Mill Co., 59 Mo. App. 383; Bank v. Shoemaker, 68 Mo. App. 594. Knowledge that the debtor intends to hinder other creditors will not defeat a preferred creditor who does not…
1Opinion of the Court
BIGGS, T.
This is an action of replevin for a stock of goods and certain store fixtures. The property was held by the defendant as sheriff. It had been seized by him under writs of attachment against Adolph Noltkamper. At the time of the levy the property was in the possession of parties who claimed to be the agents of the plaintiff. Subsequently this action was begun. The property was taken from the *561possession, of the defendant and delivered to plaintiff. The plaintiff claimed that he purchased the property from Noltkamper on the fifteenth day of February, 1896, at an agreed price of $1,670;…
2Cited by4 opinions
- Kurtz v. TrollSupreme Court of Missouri · 1903
- Mayfield Woolen Mills v. WilsonMissouri Court of Appeals · 1901
- McKnight-Keaton Grocery Co. v. Hudson & CarteMissouri Court of Appeals · 1910
- Kurtz v. Lewis Voight & Sons Co.Missouri Court of Appeals · 1901