F. A. Drew Glass Co. v. Baldwin
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. The case is stated iu the opinion. I. An assignee takes the assigned property subject to all liens upon it. Burrill on Assign., sect. 391, and cas. cit.; Clark v. Flint, 22 Pick. 33 ; 19 Am. Dec. 395; State ex rel. v. Bowse, 49 Mo. 586, 592, 593. II.
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Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. The case is stated iu the opinion. I. An assignee takes the assigned property subject to all liens upon it. Burrill on Assign., sect. 391, and cas. cit.; Clark v. Flint, 22 Pick. 33 ; 19 Am. Dec. 395; State ex rel. v. Bowse, 49 Mo. 586, 592, 593. II. The fact that appellant presented his claim to the assignee, and prosecuted it to allowance, did not estop him from prosecuting his prior attachment, nor did it work a dissolution of the same, so as to release the attached property. Bank v. Lewis, 8 Pick. 113; Glover - dale v.…
1Dissent
Ellison, J., Dissenting.
I dissent from the foregoing opinion, for the following reasons: The F. A. Drew Grlass Company attached a certain stock of goods, *57belonging to E. T. Baldwin, on the seventh day of January, 1885, the sheriff of Pettis county, on that day, seized the goods, made a list thereof, and held the exclusive possession thereof. Among the causes alleged for the attachment was one, that defendant was about, fraudulently, to convey, or assign, his effects; but, as the case went off on a demurrer, we have no right to assume the assignment afterwards made by the defendant was in the…
2Cases cited6 opinions
- Strong v. SkinnerNew York Supreme Court · 1848
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Frierson v. BranchSupreme Court of Arkansas · 1875
- Valentine v. DeckerSupreme Court of Missouri · 1869
- Frost v. WilsonSupreme Court of Missouri · 1879
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