Bank of Commerce v. Chambers
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) A man cannot tie up his own property or the proceeds thereof to his own use so that his creditors cannot reach it. Mcl trainer. Smith, 42 Mo. 45 ; Potter v. Merrill, 9 N. E. Rep. 572. (2) The debtor or fraudulent alienee cannot compel the creditor to elect which method of procedure or class of property he will pursue. Wait on Fraud. Convey. 102; Gray r.
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Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) A man cannot tie up his own property or the proceeds thereof to his own use so that his creditors cannot reach it. Mcl trainer. Smith, 42 Mo. 45 ; Potter v. Merrill, 9 N. E. Rep. 572. (2) The debtor or fraudulent alienee cannot compel the creditor to elect which method of procedure or class of property he will pursue. Wait on Fraud. Convey. 102; Gray r. Chase, 57 Me. 558; Vasse r-. Henderson, 40 Miss. 519 ; Edmunds v. Mister, 58 Miss. 766 ; Baker r. Lyman, 53 Ga. 339. (3) The right of a judgment creditor to levy…
1Opinion of the CourtSherwood, J.
The petition in this case, omitting formal parts, is as follows: ‘ ‘ That on the eighth day of April, 1881, in a case numbered 55,867, in the circuit court of the city of St. Louis, in the state of Missouri, being a case of it, the Bank of Commerce, as plaintiff, against B. M. Chambers and Margaret F. Smith, defendants, it recovered judgment against Chambers and Smith, for the sum of five .thousand one hundred and thirty-four dollars and thirty-five cents ($5,134.35), and costs, which judgment was therein ordered to bear interest at the rate of ten (10) per cent, per annum from its date ;…
2Cases cited5 opinions
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Harrington v. UtterbackSupreme Court of Missouri · 1874
- Pratt v. ClarkSupreme Court of Missouri · 1874
- Garbut v. BowlingSupreme Court of Missouri · 1883
- Novelty Manufacturing Co. v. PrattMissouri Court of Appeals · 1886
3Cited by10 opinions
- Estate of Bernays v. MajorSupreme Court of Missouri · 1939
- McColgan v. Magee, Inc.California Supreme Court · 1916
- Allen v. BrandeisCourt of Appeals for the Eighth Circuit · 1928
- Brown v. MacgillCourt of Appeals of Maryland · 1898
- ReQua v. GrahamIllinois Supreme Court · 1900
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