Coflin v. Kelling
Court of Appeals of Kentucky
Case 90 — PETITION EQUITY — APPEAL PROM KENTON CHANCERY COURT. 1. A foreign assignment will not be enforced as against resident attaching creditors. (Johnson v. Parker, 4 Bush, 151; Warren v. Union Nat. Bank, 7 Phila., 156; Booth v. Clark, 17 How., 322; Farmers. & Mechanics’ Ins. Co. v. Needless, 52 Mo., 17; Hope Mut. Life-Ins. Co. v. Taylor, 2 Bob., 278; Hunt v. Columbian Ins. Co., 55-Me., 290; Taylor v. Columbian Ins.
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Case 90 — PETITION EQUITY — APPEAL PROM KENTON CHANCERY COURT. 1. A foreign assignment will not be enforced as against resident attaching creditors. (Johnson v. Parker, 4 Bush, 151; Warren v. Union Nat. Bank, 7 Phila., 156; Booth v. Clark, 17 How., 322; Farmers. & Mechanics’ Ins. Co. v. Needless, 52 Mo., 17; Hope Mut. Life-Ins. Co. v. Taylor, 2 Bob., 278; Hunt v. Columbian Ins. Co., 55-Me., 290; Taylor v. Columbian Ins. Co., 14 Allen, 352; Hoyt v. Thompson, 6 N. Y., 320; Osborn v. Adams, 18 Pick., 248; Hurd v. City of Elizabeth, 41 N. J. L., 1; Bunk v. St. John, 29 Barb., 585; Bagby v.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
Tlie appellants, Samnel Coffin and others, citizens •of Kentucky, holding claims against the appellee, Kelling, who was a citizen of Ohio, attached certain ■coke and barges as the property of Kelling, with a view of subjecting it to the payment of their debts.
Wolfe, another appellee, and also a resident of ■Ohio, claimed the property by virtue of a deed of assignment made to him by Kelling for the benefit of creditors prior in date to the attachment levied by the appellants.
As assignee of Kelling, Wolfe was permitted to intervene, and upon the…
2Cases cited2 opinions
- Guillander v. . HowellNew York Court of Appeals · 1866
- Johnson v. ParkerCourt of Appeals of Kentucky · 1868
3Cited by5 opinions
- Zacher v. Fidelity Trust & Safety-Vault Co.Court of Appeals for the Sixth Circuit · 1901
- Segnitz v. Garden City Banking & Trust Co.Wisconsin Supreme Court · 1900
- Zacher v. Fidelity Trust & S. V. Co.Court of Appeals of Kentucky · 1900
- Schroder v. TompkinsU.S. Circuit Court for the District of Indiana · 1893
- Fawcett's Assignee v. Mitchell, Finch & Co.Court of Appeals of Kentucky · 1909