American Oak Leather Co. v. Wyeth Hardware & Manufacturing Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. The 'mortgage was fraudulent and void as to creditors. R. S. 1889, sec. 5169; Walter v. Wimer, 24 Mo. 63; Stanley v. Bunce, 27 Mo. 269; Goddard v. Jones, 78 Mo. 518; McCarthy v. Miller, 41 Mo. App. 200; Oliver-Finnie G. Co. v. Miller, 53 Mo. App. 107. A mortgage like the on.e in question is perfectly good on its face in Michigan.
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. The 'mortgage was fraudulent and void as to creditors. R. S. 1889, sec. 5169; Walter v. Wimer, 24 Mo. 63; Stanley v. Bunce, 27 Mo. 269; Goddard v. Jones, 78 Mo. 518; McCarthy v. Miller, 41 Mo. App. 200; Oliver-Finnie G. Co. v. Miller, 53 Mo. App. 107. A mortgage like the on.e in question is perfectly good on its face in Michigan. As the law of Michigan ■on this point is not shown by the record to have been introduced in evidence, respondent must rest upon the presumption existing in such a case. This mortgage would be valid…
1Opinion of the CourtGill, J.
— In the disposition of this appeal the following are all the facts we find it necessary to state: In May, 1891, the Standard Gig Saddle Company, doing business at Jackson, Michigan, sold certain goods.to the Wyeth Hardware Company at St. Joseph, Missouri. The plaintiff leather company, an Ohio corporation, and a creditor of the Gig Saddle Company, sued the saddle company by attachment and garnished the Wyeth company at St. Joseph, who, thereupon, paid the amount due into court. The Union Bank and A. Bennett, both of Jackson, Michigan, filed their joint interplea, claiming to own the Wyeth…
2Cases cited4 opinions
- Bullene v. BarrettSupreme Court of Missouri · 1885
- State ex rel. Voullaire v. TaskerSupreme Court of Missouri · 1862
- Bain v. ArnoldMissouri Court of Appeals · 1889
- Donnell v. ByernSupreme Court of Missouri · 1879
3Cited by3 opinions
- Tennent v. Union Central Life InsuranceMissouri Court of Appeals · 1908
- Martin-Perrin Mercantile Co. v. PerkinsMissouri Court of Appeals · 1895
- Bank of Atchison County v. ShackelfordMissouri Court of Appeals · 1896