Legal Opinion

Western Manufacturing Co. v. Woodson

Supreme Court of Missouri

Decided July 9, 1895PublishedCited by 19 opinions

Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. This is a suit in equity, brought by creditors of George L. Jewett & Company, to have a deed made by that firm, February 8, 1893, declared to be a voluntary deed of assignment for the benefit of all their creditors, instead of for the benefit of the Saxton National Bank which claims to be alone secured thereby.

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Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. This is a suit in equity, brought by creditors of George L. Jewett & Company, to have a deed made by that firm, February 8, 1893, declared to be a voluntary deed of assignment for the benefit of all their creditors, instead of for the benefit of the Saxton National Bank which claims to be alone secured thereby. A few days before that date, the firm of Jewett & Company became insolvent, their paper having gone to protest. On that day they made the deed in question, and under it delivered to defendant, Woodson, all the property…

1Opinion of the CourtBabclay, J.

The suit is in equity, and grows out of the facts which appear in the statement opening the report of the case. The decisive question is upon the proper construction of a deed by Jewett & Company to Mr. Woodson as trustee to secure notes of the former to the Saxton National Bank. These parties were *125respectively the first, second, and third parties to the deed.

The plaintiffs insist that the deed amounts to, and should be construed as, a general voluntary assignment of the property for the benefit of all creditors of the grantor, and not merely as a security for the Saxton National Bank. This…

2Cases cited3 opinions

  1. Crow v. BeardsleySupreme Court of Missouri · 1878
  2. Hargadine v. HendersonSupreme Court of Missouri · 1888
  3. Shapleigh v. BairdSupreme Court of Missouri · 1858

3Cited by19 opinions

  1. Brazos River Conservation & Reclamation District v. AllenTexas Supreme Court · 1943
  2. Cattlemens Trust Co. of Ft. Worth v. WillisCourt of Appeals of Texas · 1915
  3. State Ex Rel. Kansas City Public Service Co. v. WaltnerSupreme Court of Missouri · 1943
  4. Felker v. City of SikestonMissouri Court of Appeals · 1960
  5. State ex rel. Arnold v. LichtaMissouri Court of Appeals · 1908

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