68 Mo. App. 52 | Mo. Ct. App. | 1896
The plaintiff is a judgment creditor of Rahning, and has recovered in this action a judgment against Steimke, the garnishee of Rahning, for the full amount of its claim, to wit: $1,056.44 and interest. This judgment is challenged by the garnishee, on the ground that the verdict of the jury on which it rests is opposed to the evidence, and probabilities arising from surrounding circumstances to such an extent as to be clearly indicative of bias and prejudice on part of the jury in rendering their verdict. There is also some complaint in regard to the instructions. This, however, is without foundation, as the defendant’s instructions were all given, and those given for plaintiff lay down propositions which have been frequently approved in this state, nor is the supposed vice in the instructions pointed out in appellant’s brief in any manner.
The issues between the parties and the evidence adduced to support them presented for the consideration of the jury the sole question, whether the sale of the contents of a certain grocery store and saloon owned by Rahning and sold by him to Steimke was made in good faith and for an adequate consideration, or whether such sale was made by Rahning with an intention to hinder, delay, or defraud his creditors, of whom the plaintiff was one, and whether Steimke knew of that intent.
On the trial of the case the plaintiff gave evidence placing the valuation of the contents of the store as high as $4,000. While this evidence was very unsatisfactory, as the witness who gave it was evidently biased against the defendant, and could not upon cross-examination give any detailed data bearing out his valuation, yet the fact remained that he was the former owner of the property, and as such was in a condition to form at least an approximate estimate of the value
It will be thus seen that there was substantial evidence of the following facts which might be considered by the jury as badges of fraud. Undue and unusual haste in the transaction of purchase. The purchase of the contents of a store in lump without detailed inventory and appraisement, and without any satisfactory explanation why the goods were neither inventoried nor appraised. Gross inadequacy in price. Robinson v. Robards, 15 Mo. 459; Curd v. Lackland, 49 Mo. 451; Burgert v. Borchert, 59 Mo. 80; Snell v. Harrison, 104 Mo. 158.
the judgment is affirmed.