creditor claim in Missouri

10 Missouri opinions name it 2 courts 1882–2015 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

Case	Followed	Cited
Advanced Telecommunication Network, Inc. v. Allen (In Re Advanced Telecommunication Network, Inc.)green ca11 · 2007 · cited in 1 Missouri opinions naming this issue, 2015–2015 1 sentence 2015Network, Inc., 490 F.3d 1325, 1335 (11th Cir.2007) (pending litigation is a prototypical contingent liability and thus a “claim” for determining insolvency); and United States v. Green, 201 F.3d 251, 257 (3d Cir.2000) (awareness of probable legal action against a debtor amounts to a debt for purposes of determining solvency).	1	1
Bishop v. Pattongreen ga · 2011 · cited in 1 Missouri opinions naming this issue, 2015–2015 2 sentences 2015See Tolle v. Fenley, 132 P.3d 63, 66 (Utah App.2006) (under the broad definition of “claim” under the Uniform Fraudulent Transfer Act, a party was a creditor when her claim had arisen through a threat of civil action even though her claim was not reduced to a judgment at the time of the transfer); Baker v. Geist 457 Pa. 73 , 321 A.2d 634, 636 (1974) (a “claim” that can be matured or unmatured, liquidated or unliq-uidated, absolute, fixed, or contingent does not require a judgment); Bishop v. Patton, 288 Ga. 600 , 706 S.E.2d 634, 640 (2011) (holder of contingent tort claim may be a protected cr 2015See Tolle v. Fenley, 132 P.3d 63, 66 (Utah App.2006) (under the broad definition of “claim” under the Uniform Fraudulent Transfer Act, a party was a creditor when her claim had arisen through a threat of civil action even though her claim was not reduced to a judgment at the time of the transfer); Baker v. Geist 457 Pa. 73 , 321 A.2d 634, 636 (1974) (a “claim” that can be matured or unmatured, liquidated or unliq-uidated, absolute, fixed, or contingent does not require a judgment); Bishop v. Patton, 288 Ga. 600 , 706 S.E.2d 634, 640 (2011) (holder of contingent tort claim may be a protected cr	1	1
United States v. Howard I. Green Mary Green Roylan Finance Ernestine Woodmansee Howard I. Green Mary Greengreen ca3 · 2000 · cited in 1 Missouri opinions naming this issue, 2015–2015 1 sentence 2015Network, Inc., 490 F.3d 1325, 1335 (11th Cir.2007) (pending litigation is a prototypical contingent liability and thus a “claim” for determining insolvency); and United States v. Green, 201 F.3d 251, 257 (3d Cir.2000) (awareness of probable legal action against a debtor amounts to a debt for purposes of determining solvency).	1	1
Baker v. Geistgreen pa · 1974 · cited in 1 Missouri opinions naming this issue, 2015–2015 2 sentences 2015See Tolle v. Fenley, 132 P.3d 63, 66 (Utah App.2006) (under the broad definition of “claim” under the Uniform Fraudulent Transfer Act, a party was a creditor when her claim had arisen through a threat of civil action even though her claim was not reduced to a judgment at the time of the transfer); Baker v. Geist 457 Pa. 73 , 321 A.2d 634, 636 (1974) (a “claim” that can be matured or unmatured, liquidated or unliq-uidated, absolute, fixed, or contingent does not require a judgment); Bishop v. Patton, 288 Ga. 600 , 706 S.E.2d 634, 640 (2011) (holder of contingent tort claim may be a protected cr 2015See Tolle v. Fenley, 132 P.3d 63, 66 (Utah App.2006) (under the broad definition of “claim” under the Uniform Fraudulent Transfer Act, a party was a creditor when her claim had arisen through a threat of civil action even though her claim was not reduced to a judgment at the time of the transfer); Baker v. Geist 457 Pa. 73 , 321 A.2d 634, 636 (1974) (a “claim” that can be matured or unmatured, liquidated or unliq-uidated, absolute, fixed, or contingent does not require a judgment); Bishop v. Patton, 288 Ga. 600 , 706 S.E.2d 634, 640 (2011) (holder of contingent tort claim may be a protected cr	1	1
Tolle v. Fenleygreen utahctapp · 2006 · cited in 1 Missouri opinions naming this issue, 2015–2015 1 sentence 2015See Tolle v. Fenley, 132 P.3d 63, 66 (Utah App.2006) (under the broad definition of “claim” under the Uniform Fraudulent Transfer Act, a party was a creditor when her claim had arisen through a threat of civil action even though her claim was not reduced to a judgment at the time of the transfer); Baker v. Geist 457 Pa. 73 , 321 A.2d 634, 636 (1974) (a “claim” that can be matured or unmatured, liquidated or unliq-uidated, absolute, fixed, or contingent does not require a judgment); Bishop v. Patton, 288 Ga. 600 , 706 S.E.2d 634, 640 (2011) (holder of contingent tort claim may be a protected cr	1	1
Grimm v. Sinnettgreen moctapp · 1978 · cited in 1 Missouri opinions naming this issue, 1988–1988 1 sentence 1988Accordingly, the garnishment failed because liability of a garnishee is measured by its liability to the judgment debtor, Grimm v. Sinnett, 567 S.W.2d 418, 421 (Mo.App.1978), and a creditor can claim no right where the debtor could not maintain an action against the garnishee.	1	1
State Ex Rel. Kennedy v. Harrisgreen moctapp · 1934 · cited in 1 Missouri opinions naming this issue, 1984–1984 2 sentences 1984Kennedy v. Harris, 228 Mo.App. 469 , 69 S.W.2d 307, 310 (Mo.App.1934). 1984Kennedy v. Harris, 228 Mo.App. 469 , 69 S.W.2d 307, 310 (Mo.App.1934).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
Fenton v. Block, Tyler & Co. neutral moctapp · 1881 2 sentences 1934Co., 141 S. W. 618 , 237 Mo. 576 .] The right to judgment against a garnishee depends upon it being made to appear that the garnishee owes the principal debtor and the creditor can claim no right where the debtor himself could not maintain an action against the garnishee. [Peoples Savings Bank v. Hoppe, 111 S. W. 1190 , 132 Mo. App. 449 ; Fenton v. Block, 10 Mo. App. 536 .] The issues between garnishee and plaintiff are tried as are ordinary issues between a plaintiff and defendant. [Section 2529, R. 1898It is settled law in this State that “in order that an indebtedness may be liable to garnishment it must be shown to be absolutely due as a money demand, unaffected by liens or prior incumbrances or conditions of contract” and that except in cases of fraud, “the creditor can claim no higher rights against the garnishee than the debtor could claim against him.” Scales v. Southern Hotel Co., 37 Mo. 520 ; Weil v. Tyler, 38 Mo. 545 ; McPherson v. Railroad, 66 Mo. 103 ; Fenton v. Block, 10 Mo. App. 536 .	2	1898–1934
Norman v. Pennsylvania Fire Insurance neutral · 1911 2 sentences 1934Co., 141 S. W. 618 , 237 Mo. 576 .] The right to judgment against a garnishee depends upon it being made to appear that the garnishee owes the principal debtor and the creditor can claim no right where the debtor himself could not maintain an action against the garnishee. [Peoples Savings Bank v. Hoppe, 111 S. W. 1190 , 132 Mo. App. 449 ; Fenton v. Block, 10 Mo. App. 536 .] The issues between garnishee and plaintiff are tried as are ordinary issues between a plaintiff and defendant. [Section 2529, R. 1934Co., 141 S. W. 618 , 237 Mo. 576 .] The right to judgment against a garnishee depends upon it being made to appear that the garnishee owes the principal debtor and the creditor can claim no right where the debtor himself could not maintain an action against the garnishee. [Peoples Savings Bank v. Hoppe, 111 S. W. 1190 , 132 Mo. App. 449 ; Fenton v. Block, 10 Mo. App. 536 .] The issues between garnishee and plaintiff are tried as are ordinary issues between a plaintiff and defendant. [Section 2529, R.	1	1934–1934
People's Savings Bank v. Hoppe neutral moctapp · 1908 2 sentences 1934Co., 141 S. W. 618 , 237 Mo. 576 .] The right to judgment against a garnishee depends upon it being made to appear that the garnishee owes the principal debtor and the creditor can claim no right where the debtor himself could not maintain an action against the garnishee. [Peoples Savings Bank v. Hoppe, 111 S. W. 1190 , 132 Mo. App. 449 ; Fenton v. Block, 10 Mo. App. 536 .] The issues between garnishee and plaintiff are tried as are ordinary issues between a plaintiff and defendant. [Section 2529, R. 1934Co., 141 S. W. 618 , 237 Mo. 576 .] The right to judgment against a garnishee depends upon it being made to appear that the garnishee owes the principal debtor and the creditor can claim no right where the debtor himself could not maintain an action against the garnishee. [Peoples Savings Bank v. Hoppe, 111 S. W. 1190 , 132 Mo. App. 449 ; Fenton v. Block, 10 Mo. App. 536 .] The issues between garnishee and plaintiff are tried as are ordinary issues between a plaintiff and defendant. [Section 2529, R.	1	1934–1934
Little v. Reid neutral moctapp · 1898 1 sentence 1903A question as to the true interpretation of this statute first came before us shortly after its enactment in the case of Little v. Reid, 75 Mo. App. 266 , and in an opinion written by Judge Smith we put upon it a construction which we believe to be sound and which has not been questioned in any other case.	1	1903–1903
Crim v. Walker neutral mo · 1883 1 sentence 1901Crim v. Walker, 79 Mo. 335 ; Reyburn v. Mitchell, 106 Mo. 365 ; Park v. First National Bank, 57 Mo. App. 277 .	1	1901–1901
Reyburn v. Mitchell neutral · 1891 1 sentence 1901Crim v. Walker, 79 Mo. 335 ; Reyburn v. Mitchell, 106 Mo. 365 ; Park v. First National Bank, 57 Mo. App. 277 .	1	1901–1901
Clark v. First National Bank neutral moctapp · 1894 1 sentence 1901Crim v. Walker, 79 Mo. 335 ; Reyburn v. Mitchell, 106 Mo. 365 ; Park v. First National Bank, 57 Mo. App. 277 .	1	1901–1901
Scales v. Southern Hotel Co. neutral mo · 1866 1 sentence 1898It is settled law in this State that “in order that an indebtedness may be liable to garnishment it must be shown to be absolutely due as a money demand, unaffected by liens or prior incumbrances or conditions of contract” and that except in cases of fraud, “the creditor can claim no higher rights against the garnishee than the debtor could claim against him.” Scales v. Southern Hotel Co., 37 Mo. 520 ; Weil v. Tyler, 38 Mo. 545 ; McPherson v. Railroad, 66 Mo. 103 ; Fenton v. Block, 10 Mo. App. 536 .	1	1898–1898
Weil v. Tyler neutral mo · 1866 1 sentence 1898It is settled law in this State that “in order that an indebtedness may be liable to garnishment it must be shown to be absolutely due as a money demand, unaffected by liens or prior incumbrances or conditions of contract” and that except in cases of fraud, “the creditor can claim no higher rights against the garnishee than the debtor could claim against him.” Scales v. Southern Hotel Co., 37 Mo. 520 ; Weil v. Tyler, 38 Mo. 545 ; McPherson v. Railroad, 66 Mo. 103 ; Fenton v. Block, 10 Mo. App. 536 .	1	1898–1898
McPherson v. Atlantic & Pacific Railroad neutral · 1877 1 sentence 1898It is settled law in this State that “in order that an indebtedness may be liable to garnishment it must be shown to be absolutely due as a money demand, unaffected by liens or prior incumbrances or conditions of contract” and that except in cases of fraud, “the creditor can claim no higher rights against the garnishee than the debtor could claim against him.” Scales v. Southern Hotel Co., 37 Mo. 520 ; Weil v. Tyler, 38 Mo. 545 ; McPherson v. Railroad, 66 Mo. 103 ; Fenton v. Block, 10 Mo. App. 536 .	1	1898–1898
Roan v. Winn green mo · 1887 1 sentence 1889A creditor who has his claim allowed by the assignee is, in effect, a judgment creditor (Roan v. Winn, 93 Mo. 503 ), and as such is in a condition to enforce his rights against a fraudulent mortgagee.	1	1889–1889
Mathez v. . Neidig green ny · 1878 1 sentence 1883Louis court of appeals in Webber v. Leighton, 8 Mo. App. 502 , and the New York court of appeals in Mathez v. Neidiz, 72 N. Y. 100 , is both sound and just; and that the equity of a creditor in the claim of a stockholder is a good defense in a proceeding at law or in the summary proceeding by motion for execution.	1	1883–1883
Webber v. Leighton neutral moctapp · 1880 1 sentence 1883Louis court of appeals in Webber v. Leighton, 8 Mo. App. 502 , and the New York court of appeals in Mathez v. Neidiz, 72 N. Y. 100 , is both sound and just; and that the equity of a creditor in the claim of a stockholder is a good defense in a proceeding at law or in the summary proceeding by motion for execution.	1	1883–1883
Miller v. Great Republic Insurance neutral mo · 1872 1 sentence 1882Co., 50 Mo. 55 , it was said, that “a creditor has no claim against a stockholder until he has exhausted his remedy against the company; or rather, his claim commences from the time he issues his execution against the company.” In the case of Griswold v. Seligman, 72 Mo. 119 , it was said arguendo, “ under the terms of our statute no one is liable as a stockholder unless occupying that relation at the time of the issuance of the execution.” That this construction of the section under examination is the correct one, will be rendered more apparent, perhaps, when we consider the fact that said se	1	1882–1882

Where else courts name it

NY 29 (1857–2017) CA 27 (1887–2026) PA 21 (1860–2023) TX 19 (1881–2024) GA 18 (1886–2022) OH 16 (1849–2026) FL 16 (1930–2022) IL 13 (1883–2025) MD 12 (1932–2011) WA 11 (1913–2020) MA 11 (1842–2005) NJ 11 (1931–2024) MO 10 (1882–2015) MT 9 (1900–2023) NE 9 (1903–2020) IA 9 (1893–2010) LA 9 (1884–1988) AL 8 (1884–2018) KY 7 (1912–2010) MI 7 (1912–2024) UT 6 (1935–2006) AZ 6 (2001–2016) SD 6 (1895–2022) OK 6 (1921–2024) WI 5 (1896–2015) CT 5 (1955–2008) KS 5 (1919–1990) ND 5 (1895–2011) IN 5 (1882–2006) OR 4 (1901–2009) WV 4 (1909–1963) VA 4 (1876–1997) DE 3 (2016–2022) MN 3 (1917–2015) WY 3 (1899–2018) NC 3 (1937–1996) TN 2 (1937–2002) NM 2 (1972–2010) HI 2 (1934–2015) RI 2 (1994–2004) MS 2 (1879–2022) ID 2 (1988–1988)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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