Calihan v. Powers
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. (1) There is perhaps no principle of law better settled in this state than that a debtor, though in failing circumstances, may prefer one of his creditors over another and in so doing may secure such preferred creditor to the exclusion of all others, provided only that it be done bona fide and in good faith.”
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. (1) There is perhaps no principle of law better settled in this state than that a debtor, though in failing circumstances, may prefer one of his creditors over another and in so doing may secure such preferred creditor to the exclusion of all others, provided only that it be done bona fide and in good faith.” Wag-goner, etc., Co. v. Ziegler, etc., Co., 128 Mo. 473; Alberger v. Bank, 123 Mo. 319, and cases cited. (2) A creditor may secure and retain a preference for his claim against a debtor over other creditors, although…
1Opinion of the CourtGantt, P. J.
This is a bill in equity by Calihan and Cooper, Woodman and Howes, Eddy and Webster, Eancher & Company, and the Gardiner and Estes Company against Powers & Hervey and certain creditors of said firm, to set aside and avoid certain chattel mortgages and assignments of accounts executed by said firm of Powers & Hervey, preferring the mortgagees in said chattel mortgages and the assignees of said accounts, and to decree the chattels so mortgaged and said assigned accounts to be a part and parcel of the assigned estate of said Powers & Hervey, and sub*487ject to a pro rata distribution among all the…
2Cases cited25 opinions
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Preston v. SpauldingIllinois Supreme Court · 1887
- White v. CotzhausenSupreme Court of the United States · 1889
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Shelley v. BootheSupreme Court of Missouri · 1880
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3Cited by2 opinions
- Hageman v. Southern Electric RailroadSupreme Court of Missouri · 1907
- In re Assignment of HowardMissouri Court of Appeals · 1908