Middleton v. Hoff

MIDDLETON & RILEY v. HOFF

Middleton v. Hoff, 15 Mo. 415 (1852)

Court: Supreme Court of Missouri · State Highest Courts
Decided: January 15, 1852
Judges: Scott
Citations: 15 Mo. 415

Cited by 0

Headnotes

in ail cases arising under the 10th section of the act concerning fraudulent conveyances, the jury, not the court, are the triers, whether the transaction is fraudulent or not: Kuykendall to the use of Middleton, Perry & Co. vs. McDonald and Vinyard; page 416.

Summary

ERROR to Buchanan Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Scott

Text extracted by OCR from a scanned original; check the original for exact wording.

Scott, J.,

delivered the opinion of the court.

The only question in this cause, is as to the instruction of the court on the question of fraud. The court assumed the power of instructing the jury that the transaction out of which the controversy arose was fraudulent. This was erroneous for the reasons given in the opinion of *416 Kuykendall, to the use of Middleton & Perry vs. McDonald and Vineyard decided at this term.

The other judges concurring, the judgment will be reversed and the cause remanded.

How later courts describe this case

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Cited by 0 cases

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