Krum v. Beard
Supreme Court of Missouri
Appeal from St. Louis Circuit Cowt. Rogers, Anderson & Co. made an assignment for the benefit of their creditors to Charles R. Anderson, who, resigning his trust, the plaintiffs were, by the circuit court, appointed assignees. The defendant Watson, as constable, under an execution in favor of Beard et al. against the assignors, levied upon part of the assigned effects.
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Appeal from St. Louis Circuit Cowt. Rogers, Anderson & Co. made an assignment for the benefit of their creditors to Charles R. Anderson, who, resigning his trust, the plaintiffs were, by the circuit court, appointed assignees. The defendant Watson, as constable, under an execution in favor of Beard et al. against the assignors, levied upon part of the assigned effects. At the trial Rogers, one of the assignors, was offered as a witness for the plaintiff, and was admitted against the defendant’s objection. Charles Rogers, the maker of the deed of assignment, was an incompetent witness. He was…
1Opinion of the CourtBates, Judge
Rogers, Anderson & Co. made a general assignment for the benefit of creditors to Charles R. Anderson. Charles R. Anderson subsequently resigned the trust, and Krum and Harding were appointed in his stead. Beard & Brother, creditors of Rogers, Anderson & Co., caused a portion of the assigned property to be seized on execution. The assignee brought this suit against them for the alleged trespass. It was dismissed as to Watson. The record does not show that any objection was made to the instructions given at the trial, and though the bill of exceptions states that objection was made to the…
2Cases cited10 opinions
- Laumier v. FrancisSupreme Court of Missouri · 1856
- Penn's Administrator v. WatsonSupreme Court of Missouri · 1854
- Fitch v. BatesNew York Supreme Court · 1851
- Stein v. Weidman's AdministratorSupreme Court of Missouri · 1854
- Gott v. WilliamsSupreme Court of Missouri · 1860
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3Cited by1 opinion
- Hamilton v. WestSupreme Court of Missouri · 1876