Beck v. Kinealy
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Mon. William Zachrilz, Judge. (1) The deed of trust executed by the Grant Quarry Company, to the garnishee on the eighth day of June, 1898, is fraudulent on its face and void as to attaching creditors, because it authorizes the garnishee, as trustee, to carry on the business of the Grant Quarry Company indefinitely, and as to such creditors the property conveyed to the garnishee herein still remained the property of the Grant…
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Appeal from St. Louis City Circuit Court. — Mon. William Zachrilz, Judge. (1) The deed of trust executed by the Grant Quarry Company, to the garnishee on the eighth day of June, 1898, is fraudulent on its face and void as to attaching creditors, because it authorizes the garnishee, as trustee, to carry on the business of the Grant Quarry Company indefinitely, and as to such creditors the property conveyed to the garnishee herein still remained the property of the Grant Quarry Company. Coal and Coke Co. v. Kinealy, 81 Mo. App. 646. (2) The facts in evidence do not show an election on the part…
1Opinion of the CourtGoode, J.
On the eighth day of June, 1898, the Grant Quarry Company executed a deed of trust to James R. Kinealy *421to secure certain creditors therein named for the debts owing to them by the grantor, aggregating about sixteen thousand dollars. This deed of trust was held constructively fraudulent in Donk Bros. v. Kinealy, 81 Mo. App. 646. Among the creditors secured by it were the Koken Iron Works for a debt of eighty-five dollars and ninety-four cents, and W. H. Beck for one of ninety dollars and seventy-five cents. Those parties were notified of the execution of the deed by the trustee, presented…
2Cases cited16 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Collumb v. . ReadNew York Court of Appeals · 1862
- Johnson v. SandhoffSupreme Court of Minnesota · 1883
- Fitch v. WaiteSupreme Court of Connecticut · 1823
- Hunt v. WeinerSupreme Court of Arkansas · 1882
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3Cited by3 opinions
- Rees v. Peck-King Mortgage Co.Missouri Court of Appeals · 1921
- Berry v. StigallMissouri Court of Appeals · 1907
- Wanstrath v. KappelSupreme Court of Missouri · 1949