Legal Opinion

Friedman Bros. v. Holberg

Missouri Court of Appeals

Decided March 1, 1898PublishedCited by 1 opinion

Appeal from, the Lawrence Circuit Cou/rt. — Hon. J. 0, Lamson, Judge. When plaintiff has shown facts constituting a delay of creditors nothing further is required of him. The result of such facts is the sustaining of the attachment. Noyes v. Cunningham, 51 Mo. App. 194. Where money is secreted for purpose of maintaining defense on attachment it is a fraud as matter of law.

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Appeal from, the Lawrence Circuit Cou/rt. — Hon. J. 0, Lamson, Judge. When plaintiff has shown facts constituting a delay of creditors nothing further is required of him. The result of such facts is the sustaining of the attachment. Noyes v. Cunningham, 51 Mo. App. 194. Where money is secreted for purpose of maintaining defense on attachment it is a fraud as matter of law. If so, then is not the secreting or concealing of defendants’ property in name of mother for purpose of keeping off creditors until statute of limitations should run against their claims fraudulent as matter of law? Mathews…

1Opinion of the CourtBland, P. J.

— The issues made by the following affidavit for attachment and plea in abatement were tried by a jury, resulting in a verdict on the plea in abatement for defendants.

Affidavit for attachment: “This affiant states that the plaintiff in the above entitled cause has a just demand against the defendants therein which is now due, *30and that the amount which this affiant believes the plaintiffs ought to recover, after allowing all just credits and set-offs, is two thousand dollars, and that this affiant has good reason to believe and does believe that the defendants have fraudulently conveyed and…

2Cases cited4 opinions

  1. First National Bank v. Kansas City Lime Co.Missouri Court of Appeals · 1891
  2. M. H. Pattison & Son v. LettonMissouri Court of Appeals · 1894
  3. Sutton v. HanfordMichigan Supreme Court · 1863
  4. Dunham-Buckley & Co. v. HalbergMissouri Court of Appeals · 1897

3Cited by1 opinion

  1. Cape County Savings Bank v. WilsonMissouri Court of Appeals · 1931

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