Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 150

Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 150

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: It requires no corroborative evidence to demonstrate that DeGraw or any other prudent investor would not have loaned John Ziehr six thousand dollars had he known that the very property on which he was to be secured was in Ziehr's wife's name. Nor did the record of this deed under the circumstances relieve it of its fraudulent character. Bump on Fraud. Conv. (4 Ed.) sec. 293, and cases cited. I Much stress is laid by counsel for defendants upon the fact that the items due the Brookfield Bank at the date of the conveyance were afterwards paid, but as to this contention we answer that a great deal depends upon the mode in which this is done. Proving that prior debts have been paid amounts to nothing, if, as in this case, it appears Ziehr was contracting other debts to an equal amount. Any other rule 'would simply permit a debtor to take the property of subsequent creditors and give it to his grantee. A mere change of creditors while the debt continues, will not cheat the statute. Bump on Conv. (4 Ed.), sec. 296, and cases cited; Brown v. McDonald, 1 Hill's Oh. loc. cit. 304; Taylor v. Coenen, 1 L. R. Ch. Div. 636; Madden v. Day, 1 Bai. (S. O.) loc. cit. 340, 341; Antrims v. Kelly, 4 Nat. Bankruptcy Reg.'189. That John Ziehr kept up his credit by paying old debts with the proceeds of goods purchased and overdrafts from time to time we think is abundantly established. But that this evidence makes out a case of actual, intentional fraud, can scarcely be questioned. John Ziehr had learned that an ice plant would cost him nearly or quite $20,000. He knew he had no other property on which he could possibly expect a loan to erect so costly an establishment, except his real estate. His subsequent conduct more

Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • United States
  • English
  • black & white illustrations
  • 1236746538
  • 9781236746535