O'Shea v. Collier White Lead & Oil Co.
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. John D. Sullivan, plaintiff’s intestate, was indorser for Cornelius D. Sullivan upon two promissory notes, amounting to about ten thousand dollars, on which judgment was obtained against both parties, and certain real estate of C. D. Sullivan was sold to satisfy it. John M. Krum was the purchaser, and afterward, on May 9, 1862, conveyed the land to John D. Sullivan, who paid the debt.
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Appeal from St. Louis Circuit Court. John D. Sullivan, plaintiff’s intestate, was indorser for Cornelius D. Sullivan upon two promissory notes, amounting to about ten thousand dollars, on which judgment was obtained against both parties, and certain real estate of C. D. Sullivan was sold to satisfy it. John M. Krum was the purchaser, and afterward, on May 9, 1862, conveyed the land to John D. Sullivan, who paid the debt. Previous to the sale of this land Joseph L. Papin and Ben. E. C. Champion, trading under the name of Champion & Co., had become embarrassed in business, and made proposals to…
1Opinion of the CourtWagner, Judge
Champion & Co., being in failing circumstances, and in fact insolvent, made a proposal to their creditors for a composition, for the completion of which the consent of all the creditors was necessary. They assigned all their property to certain trustees, who were, as speedily as possible, to turn the property into available assets and pay off the debts and distribute the assets in the manner designated in the deed of assignment. The agreement for the composition was signed with the express understanding and upon the condition that all the creditors should assent thereto. The Collier White…
2Cases cited4 opinions
- Clarke v. WhiteSupreme Court of the United States · 1838
- Wiggin v. BushNew York Supreme Court · 1815
- Tuxbury v. MillerNew York Supreme Court · 1822
- Yeomans v. ChattertonNew York Supreme Court · 1812
3Cited by7 opinions
- O'Brien v. GreenebaumCalifornia Supreme Court · 1891
- Hanson v. CrawfordMissouri Court of Appeals · 1908
- Bastian v. DreyerMissouri Court of Appeals · 1879
- Bean v. BrookmireU.S. Circuit Court for the District of Eastern Missouri · 1873
- Bean v. BrookmireU.S. Circuit Court for the District of Missouri · 1871
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