Brown v. Knox
Supreme Court of Missouri
Error to the Circuit Court of St. Louis county. 1. That the assignment is void on its own face, because it imposes the condition of pxecu.ting a release by the plaintiff and by creditors in like condition, before they can take any interest in the trust fund: 5 Ohio Reports 293. 11 Wendall 1ST. Mr. Justice Story in 4 Mason’s Reports 206 sustains $n assignment with this clause requiring a release upon what he considérs the- then weight of authority.
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Error to the Circuit Court of St. Louis county. 1. That the assignment is void on its own face, because it imposes the condition of pxecu.ting a release by the plaintiff and by creditors in like condition, before they can take any interest in the trust fund: 5 Ohio Reports 293. 11 Wendall 1ST. Mr. Justice Story in 4 Mason’s Reports 206 sustains $n assignment with this clause requiring a release upon what he considérs the- then weight of authority. But examining the authorities which preceded that decision of Judge Story,.it will be seen, that there was no such preponderance of authority in…
1Opinion of the Court
Opinion of the Court delivered by
Napton Judge.
This was an action of assumpsit brought by George Brown against John Knox, James Boggs and James A. Knox upon sundry notes executed by them to William McKee and co., and endorsed to plaintiff: an affidavit was made that the sum due, after giving all just credits, wras at least 18,000. dollars, and an attachment was issued, upon which various persons, in different parts of this State, were summoned as garnishees.
William Wilson, and David Knox interpleaded, and claimed all the debts and eifects attached. The issue thus made up, between the…
2Cases cited1 opinion
- Atkinson & Rollins v. Jordan, Ellis & Co.Ohio Supreme Court · 1832
3Cited by8 opinions
- First National Bank v. HughesMissouri Court of Appeals · 1881
- Moore v. CarrMissouri Court of Appeals · 1896
- Oliver-Finnie Grocer Co. v. MillerMissouri Court of Appeals · 1893
- Bryan v. BrisbinSupreme Court of Missouri · 1858
- Duggan v. BlissSupreme Court of Colorado · 1878
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