Parker v. Brown
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United. States for the District of Kansas. Prior to January, 1883, J. H. Engle was engaged in general merchandise business at Hamburg, Iowa. His son, John R. Engle, who had recently attained his majority, was engaged as a clerk in 1898 in a business house at St. Joseph, Mo. According to the testimony of J. H. Engle, he concluded to admit his son into a general partnership in his business at Hamburg.
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In Error to the Circuit Court of the United. States for the District of Kansas. Prior to January, 1883, J. H. Engle was engaged in general merchandise business at Hamburg, Iowa. His son, John R. Engle, who had recently attained his majority, was engaged as a clerk in 1898 in a business house at St. Joseph, Mo. According to the testimony of J. H. Engle, he concluded to admit his son into a general partnership in his business at Hamburg. Whether or not the son was in fact admitted into co-partnership in the business at Hamburg is by no means clear, in view of the attending circumstances, and a…
1Opinion of the CourtPhilips, District Judge
Without taking up seriatim the many assignments of error in this record, the more important and decisive questions involved will be considered. At common law, a general assignment of all the property of the debtor for the benefit of all creditors operates as a transfer of the title of the assignor to the assignee of the entire assets of the debtor from the instant of the delivery of the instrument of conveyance and the possession of the property to the assignee. As personal property, at common law, has no situs separate from the domicile of the owner, such general assignment, valid by the law…
2Cases cited12 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Havens & Dorr v. HusseyNew York Court of Chancery · 1834
- Paul v. CullumSupreme Court of the United States · 1889
- Lewis v. KirkSupreme Court of Kansas · 1882
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3Cited by4 opinions
- E. I. Du Pont de Nemours Powder Co. v. Jones Bros.District Court, S.D. Ohio · 1912
- Brown v. ParkerCourt of Appeals for the Eighth Circuit · 1899
- Resurrection Gold Min. Co. v. Fortune Gold Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Steiner, Lobman & Frank v. T. S. Faulk & Co.Court of Appeals for the Fifth Circuit · 1915