Legal Opinion

Gilkerson-Sloss Commission Co. v. London

Supreme Court of Arkansas

Decided March 22, 1890PublishedCited by 12 opinions

APPEAL from Crawford Circuit Court. John S. Little, Judge. 1. The assignment is a partial one, and contains preferences and is void. 4 Ark., 303. 2. Before the assignee shall be entitled to take possession, sell, manage or control the property assigned, he shall make and file his bond and inventory.

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APPEAL from Crawford Circuit Court. John S. Little, Judge. 1. The assignment is a partial one, and contains preferences and is void. 4 Ark., 303. 2. Before the assignee shall be entitled to take possession, sell, manage or control the property assigned, he shall make and file his bond and inventory. Where the assignors, cither in the assignment, or by contemporaneous agreement, delivered possession of the assigned property to the assignee, it vitiates the deed. 37 Ark., 64; 39 Ark., 68; 24 Fed. Rep., 460; 24 Fed. Rep., 465; Burrill on Assignments, sec. 501. Delivery of the keys was delivery…

1Opinion of the CourtBattle, J.

London Bros., a firm composed of Jesse and John London, were engaged in the mercantile business at Alma and Rudy in Crawford county, in this State. On the 24th of November, 1887, they assigned to S. W. Frye all their notes, accounts and other evidences of indebtedness, and all their goods, wares, merchandise and fixtures of every kind, at Alma and Rudy, for the benefit of their creditors. Thereupon Gilkerson-Sloss Commission Company commenced an action against the assignors and sued out an order of attachment and caused the sheriff to execute the same by levying on the property assigned. The…

2Cases cited1 opinion

  1. Whedbee v. StewartCourt of Appeals of Maryland · 1874

3Cited by12 opinions

  1. Watson Industries, Inc. v. ShawSupreme Court of North Carolina · 1952
  2. Churchill v. HillSupreme Court of Arkansas · 1894
  3. Collier v. BartlettSupreme Court of Oklahoma · 1918
  4. Borum v. National Valley BankSupreme Court of Virginia · 1954
  5. Baker v. BaerSupreme Court of Arkansas · 1894

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