Bowles Live Stock Commission Co. v. Hunter
Missouri Court of Appeals
Appeal from DeKalb Circuit Court. — Hon. A. D. Burnes, Judge. (1) A conveyance may be fraudulent though made to secure a bona fide debt. Nat. Tube Works Co. v. Machine Co., 118 Mo. 1. c. 875. (2) In suit by attachment grounded on conveyance so as to hinder and delay creditors, plaintiff is not burdened with the necessity of showing an intent to hinder or delay. Noyes, Norman & Co. v. Cunningham, 51 Mo. App. 1. c. 196. Gens & Tiede v. Hargadine & Co., 56 Mo.
Read the full summary
Appeal from DeKalb Circuit Court. — Hon. A. D. Burnes, Judge. (1) A conveyance may be fraudulent though made to secure a bona fide debt. Nat. Tube Works Co. v. Machine Co., 118 Mo. 1. c. 875. (2) In suit by attachment grounded on conveyance so as to hinder and delay creditors, plaintiff is not burdened with the necessity of showing an intent to hinder or delay. Noyes, Norman & Co. v. Cunningham, 51 Mo. App. 1. c. 196. Gens & Tiede v. Hargadine & Co., 56 Mo. App. 1. c. 249. (3) No matter how pure the intention of the parties may have been at the time of the execution of the mortgage, still if…
1Opinion of the CourtSmith, P. J.
— This is an action by attachment. The affidavit therefor alleged nine of the statutory grounds which *336were put in issue by tbe plea in abatement. There was a trial to a jury which resulted in judgment for defendant and plaintiff appealed. The errors assigned by the plaintiff for the reversal of the judgment relate to the action of the trial court in the giving and refusal of instructions.
The defendant’s first instruction told the jury “that the burden of proving the existence of one of the grounds alleged is upon the plaintiff, and proof that plaintiff had good reason to believe, and did…
2Cases cited9 opinions
- Rock Island National Bank v. PowersSupreme Court of Missouri · 1896
- Marshall v. Thames Fire InsuranceSupreme Court of Missouri · 1869
- McGinnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
- Edwards v. George Knapp & Co.Supreme Court of Missouri · 1888
- R. L. McDonald & Co. v. HooverSupreme Court of Missouri · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lumsden v. HowardMissouri Court of Appeals · 1922
- Producers Packing Co. v. Fischer SimsMissouri Court of Appeals · 1925
- First National Bank v. KibbleMissouri Court of Appeals · 1925