Universal Lock & Stopper Co. v. Blake & Johnson
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.—Hon. Iloratio D. Wood, Judge. (1) The failure of the assignee to pay a dividend to the appellant, within three days after notice so to do served upon him and upon the security on his bond, renders him and his surety liable to a judgment for such an amount of dividend on appellant’s, claim as the evidence disclose the estate in his hands can pay, together with a penalty of five per cent per month from the date of such service, and…
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Appeal from the St. Louis City Circuit Court.—Hon. Iloratio D. Wood, Judge. (1) The failure of the assignee to pay a dividend to the appellant, within three days after notice so to do served upon him and upon the security on his bond, renders him and his surety liable to a judgment for such an amount of dividend on appellant’s, claim as the evidence disclose the estate in his hands can pay, together with a penalty of five per cent per month from the date of such service, and it was error for the court below to overrule appellant’s motion for such judgment. R. S. 1889, sec. 457; R. S. 1879,…
1Opinion of the CourtBond, J.
On the third of July, 1894, the Universal Lock & Stopper Company made a general assignment’ for the benefit of its creditors to Albert B. Bowman. On the tenth of July, 1894, said Bowman qualified as such assignee, and proceeded to hear and allow demands, and among others, allowed the demand of Blake & Johnson, a corporation organized under the laws of the state of Connecticut in the sum of $1,017.90 On'the fifteenth of March, 1897, said Albert B. Bowman was discharged and removed from his *481trust upon the petition of a creditor for failure to obey a previous order of the court requiring him to…
2Cases cited1 opinion
- State ex rel. Napton v. HuntMissouri Court of Appeals · 1891
3Cited by1 opinion
- Layton v. HoughMissouri Court of Appeals · 1912