85 Mo. App. 340 | Mo. Ct. App. | 1900
— Defendants, Lisman & Eamsey, were merchants in Willow Springs, Mo., indebted generally in the sum of $5,000, a part of which was due to the plaintiff corpora
The principal error assigned relates to the instruction given by the court at Interpleader’s request, wherein the jury were told that before they could find a verdict for plaintiff they must believe from the evidence that the interpleader participated in an intent on the part of the defendants to “hinder and delay” their creditors. This instruction was wholly unwarranted by the statute, which disjoins the several intents invalidating sales as to creditors of the vendor. R. S. 1899, sec. 3398. The instruction also purported to cover the case and conditioned a finding for plaintiff. Hence it was not cured by other instructions free from the same defect. “The rule reading together all the instructions given in a case, warrants the supplementing of an imperfect by a perfect instruction; or, in other words, the curing of omissions in one instruction by a complete and correct statement in another one; but it does not go to the extent of holding that an instruction given for respondent which is radically wrong — that is,