Mastin v. Stoller
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. Action by plaintiff upon a claim for money paid, by a statutory assignee, upon a judgment against the estate in his hands, the judgment having been afterwardsreversed upon appeal; finding for defendant; present appeal by plaintiff.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. Action by plaintiff upon a claim for money paid, by a statutory assignee, upon a judgment against the estate in his hands, the judgment having been afterwardsreversed upon appeal; finding for defendant; present appeal by plaintiff. The facts, on which, the case is made to turn in the-opinion of the court, appear from the pleadings and plaintiff ’ s evidence to be these: The Mastin Bank of Kansas City made a general statutory assignment for the benefit of its creditors, August 3, 1878, to Mr. Kersey Coates, who accepted the trust. In…
1Opinion of the CourtBarclay, J.
It will not be necessary to enter into consideration of all the interesting questions started by •our brethren at t-he bar in this case. One will, probably, suffice for the purposes of this appeal.
Did plaintiff, through the proceedings for the sale of the assets of the assigned estate, acquire title to the claim (if any there be) of that estate or of its assignee, against Stoller and Hill, the defendants? We think not.
*325This opinion rests upon our construction of the assignee’s application, his report of the sale and the orders of the court thereon, the substance of which appears in the…
2Cited by2 opinions
- Teasdale v. StollerSupreme Court of Missouri · 1896
- State v. McCordMissouri Court of Appeals · 1907