First National Bank v. Fry
Supreme Court of Missouri
Appeal from Buchanan Circuit Court — Sow. U. M. Ramey, Judge. (1) Upon the facts the conveyance was fraudulent as a matter of law, regardless of the intention of the parties.
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Appeal from Buchanan Circuit Court — Sow. U. M. Ramey, Judge. (1) Upon the facts the conveyance was fraudulent as a matter of law, regardless of the intention of the parties. Where a creditor, knowing his debtor to be insolvent, takes in payment of his debt property in excess of the amount due, and pays the difference to the debtor, either in cash or notes, the necessary effect of the transaction is to enable the debtor to withdraw the surplus from the reach of other creditors, and the transaction is fraudulent and void as to them. Deere Plow Co. v. Sullivan, 158 Mo. 449; Banks Milling Co. v.…
1Opinion of the CourtGantt, P. J.
On June 25, 1898, the plaintiff commenced its action in the circuit court of Clinton county, against Emanuel S. Fry, to recover $4,746 on notes executed by the latter to the plaintiff. An attachment was sued out in aid of the principal suit, on the ground that said defendant had fraudulently conveyed his property with intent to defraud his creditors. Among other properties the attachment was levied upon a tract of fifty-five acres of land in Clinton county, specifically described in the bill in this case. On the first trial of the plea in abatement there was a verdict and judgment for…
2Cases cited18 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- State v. BurgdoerferSupreme Court of Missouri · 1891
- Elser v. GraberTexas Supreme Court · 1887
- Sanger Bros. v. ColbertTexas Supreme Court · 1892
- Albert v. BeselSupreme Court of Missouri · 1885
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Allison v. MildredSupreme Court of Missouri · 1957
- Loeb v. DowlingSupreme Court of Missouri · 1942
- State Ex Rel. Union Trust Co. v. BuderSupreme Court of Missouri · 1925
- Farmers Bank v. HandlySupreme Court of Missouri · 1928
7 more not listed; retrieve them via the Exa API.