47 Mo. 293 | Mo. | 1871
delivered the opinion of the court.
Norton & Townsend, a mercantile firm doing business in Sedalia, were in embarrassed and failing circumstances, and owed the plaintiffs in this action the sum of $2,000, Greenfield, Sale & Co. the sum of $272, Jonas Mayberg & Co. the sum of $663, besides
During the trial the defendant introduced as a witness a member of the firm of Jonas Mayberg & Co., who testified that after the sale and transfer of the goods to plaintiffs he had repeated conversations with Norton & Townsend, and they told him to attach the goods and make his debt; that he could do it easily; that the sale wras a fraud, a mere sham, and intended to keep Greenfield, Sale & Co. out of their money. This evidence was objected to by the plaintiffs, but the court overruled the objection and admitted it. Admissions made by a grantor in a deed or an assignor in an assignment, after making the deed or assignment, arc not competent evidence against the grantee or assignee. (Stewart v. Thomas, 35 Mo. 202; Gutzweiler’s Adm’r v. Lackman, 89 Mo. 91; Turpin v. Marksberry, 3 J. J. Marsh. 622; 1 Greenl. Ev., § 180.) But where a common purpose is shown in the assignor and assignee to defraud the creditors of the assignee, the rule is otherwise. (Waterbury v. Sturtevant, 18 Wend. 353; Cuyler v. McCartney, 33 Barb. 165; Peck v. Crouse, 46 Barb. 151.)
The judgment of the District Court will be affirmed.