Legal Opinion

Hall's Assignees v. Rothchild & Son

Court of Appeals of Kentucky

Decided January 13, 1898PublishedCited by 1 opinion

Case 95 — PETITION EQUITY. APPEAL FROM SHELBY CIRCUIT COURT. 1. The provision of section 84 of the Kentucky Statutes was intended to give to/ creditors and assignees more power and authority to examine into the assigned estate, and the' value thereof, and to give to the assignee the right to have declared previous transfers made tyy the debtor fraudulent and preferential, whereas prior thereto, that right could only he exercised by a creditor; and also- to take from the…

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Case 95 — PETITION EQUITY. APPEAL FROM SHELBY CIRCUIT COURT. 1. The provision of section 84 of the Kentucky Statutes was intended to give to/ creditors and assignees more power and authority to examine into the assigned estate, and the' value thereof, and to give to the assignee the right to have declared previous transfers made tyy the debtor fraudulent and preferential, whereas prior thereto, that right could only he exercised by a creditor; and also- to take from the creditors the right to do so unless the assignee refused. 1. The mandate of the court should be modified so as to permit the…

1Opinion of the CourtChief Justice Lewis

Appellees brought this action November 5, 1895, for a personal judgment for $75.54 against C. C. Hall; for a judgment setting aside a mortgage executed by him May 23, 1895, to Margaret Hall on a stock of goods, wares and merchandise to indemnify her as his surety on a note to the Shelbyville Bank for about $1,350, setting aside a deed of assignment made by him September 5, 1895, to JnO'. T. & 0. W. Ballard for the benefit of creditors generally, and requiring said assignees to surrender to the master commissioner of the court all the property assigned.

‘The groumdsi upon which appelle.es asked…

2Cited by1 opinion

  1. Tipton's Administratrix v. BallCourt of Appeals of Kentucky (pre-1976) · 1934

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