Richardson, Roberts, Bryne Dry Goods Co. v. Hockaday
Supreme Court of Oklahoma
Error from■ the District Court of Pottawatomie County; before Benj. F. Burwell, Trial Judge. STATEMENT OE PACTS. This is an action brought in the district court of Pottawatomie county, Oklahoma Territory, and involves a contest between creditors on one hand, claiming under attachments, and creditors on the other hand, claiming under a general assignment.
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Error from■ the District Court of Pottawatomie County; before Benj. F. Burwell, Trial Judge. STATEMENT OE PACTS. This is an action brought in the district court of Pottawatomie county, Oklahoma Territory, and involves a contest between creditors on one hand, claiming under attachments, and creditors on the other hand, claiming under a general assignment. James J. Drye, a merchant at' Shawnee, O. T., made a general assignment for the benefit of all his creditors on December 12, 1896, naming Eobert N. White as assignee, to whom he delivered the possession of his stock of merchandise located at…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
The grounds on which the attachment was originally brought against the merchandise in question was that the assignment was in fraud of the rights of creditors, and was invalid as tending to create a preference in favor of one or more creditors to the injury and damage of the general creditors,, and that the said alleged assignment was a fraudulent conspiracy between the assigning creditors, Drye, and the assignee, White, and the agents of certain creditors, who were preferred and given preference over other creditors by said assignment.
The assignments of error…
2Cited by14 opinions
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- Parker v. HamiltonSupreme Court of Oklahoma · 1915
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