Gage v. Trawick

• Decision Date: 29 April 1902
• Citation: 68 S.W. 85,94 Mo. App. 307
• Parties: GAGE et al. v. TRAWICK et al.
• Court: Missouri Court of Appeals

68 S.W. 85

94 Mo. App. 307

GAGE et al. v. TRAWICK et al.

Court of Appeals of St. Louis, Missouri.

April 29, 1902.

FRAUDULENT CONVEYANCE — EVIDENCE — SUFFICIENCY — INTENTION — DECLARATION BY DEBTOR.

1. Defendant, who was conducting a mercantile business, conveyed all his realty to his father, and, while heavily indebted, traded all his goods for 500 acres of land which he had never seen, and which was estimated at a value of from one to three thousand dollars. Negotiations for the trade were begun in the afternoon, and concluded late that night; the grantor going to his home after 12 o'clock to get his wife's acknowledgment of the deed, which was made to defendant's wife. Early the following morning the goods were removed and commingled with others. Defendant and wife soon after conveyed the land to another for a recited consideration of $250. Held, that the evidence showed a conveyance in fraud of creditors.

2. Where on the same day, and before an alleged fraudulent conveyance of goods was made, defendant had attempted to sell the goods to another person, it was error to exclude the testimony of such person to statements by defendant of his reasons for wishing to sell.

Appeal from circuit court, Pemiscot county; Henry C. Riley, Judge.

Attachment by W. A. Gage and others against A. P. Trawick and others. From a judgment for defendants, plaintiffs appeal. Reversed.

C. B. Faris, Wilson Cramer, and Roberts & Sellers, for appellants. John A. Hope, for respondents.

BLAND, P. J.

One A. P. Trawick in December, 1897, owned and conducted a mercantile business at Hayti, Pemiscot county, and had on hand a general stock of merchandise, of the estimated value of $2,000. On November 14th and 24th of the same year he conveyed all the real estate he owned, consisting of four town lots in the town of Hayti, to E. R. Trawick, his father. On December 1st he traded his stock of goods to J. W. Mears for 500 acres of swamp land, and had the deed made to his wife, Effie Trawick. This land he and his wife on the 12th day of March, 1898, conveyed to W. D. Lasswell and W. E. Hopper for the express consideration of $250. Trawick was largely indebted and insolvent at the time he made the trade with Mears. W. A. Gage and others brought an attachment suit against Trawick, and had the goods which he had transferred to Mears seized and levied upon under the attachment writ. Mears interpleaded, and on the trial of his interpleader the jury found the issues for him.

The evidence is that, in the afternoon of December 1st, one Macke, an attorney at law, approached Trawick and said to him that Mears would give the 500 acres of land for his stock of goods. Trawick afterwards went to Mears' house, called him out, and told him that he would let him have the goods for the land. About 9 or 10 o'clock at night they met at Trawick's store, and the trade was made. A notary was sent for, and he made out the deed conveying the land to Trawick's wife, at the direction of Trawick. The notary then proceeded with Mears to...