Keiler v. Tutt
Supreme Court of Missouri
Error to Morgan Circuit Court. Upon the record, in this case the following questions arise : 1st. Is the instrument of writing purporting to be the agreement between Aaron, Jacobs & Co. and R. Keiler & Co. an absolute bill of sale, or an assignment in trust for the benefit of creditors ? 2d. Can one partner make a general assignment of the partnership effects for the benefit of creditors, so as to bind his copartners and pass the title? 3d.
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Error to Morgan Circuit Court. Upon the record, in this case the following questions arise : 1st. Is the instrument of writing purporting to be the agreement between Aaron, Jacobs & Co. and R. Keiler & Co. an absolute bill of sale, or an assignment in trust for the benefit of creditors ? 2d. Can one partner make a general assignment of the partnership effects for the benefit of creditors, so as to bind his copartners and pass the title? 3d. Was the sale of the goods complete before the inventory thereof was completed ? I. Upon the first point: The distinction between an absolute bill of sale…
1Opinion of the CourtNapton, Judge
The proper construction of the transaction between Keiler & Co. and Aaron, Jacobs & Co. is the principal question in this case. That transaction was reduced to writing. The instrument, after reciting the indebtedness of Aaron, Jacobs & Co., which had been settled by notes and amounted to about sixteen hundred dollars, proceeds thus : “ They (A. & Co.) have this day sold, transferred and delivered to said R. Keiler & Co., one pair of horses at and for the price and sum of two hundred and twenty-five dollars; one horse at seventy dollars, and two horses at forty dollars each, and one wagon at…
2Cited by4 opinions
- Eggert v. Pacific States Savings & Loan Co.California Court of Appeal · 1943
- Becker v. RardinSupreme Court of Missouri · 1891
- Rosenthal v. GreenMissouri Court of Appeals · 1889
- State ex rel. Glaser v. MasonMissouri Court of Appeals · 1887