Waples-Platter Co. v. Low
Court of Appeals for the Eighth Circuit
In Error to the United States Court in the Indian Territory. Action by the Waples-Platter Company against Charles EL Low to recover a sum of money. The action was commenced by an attachment, and one J. S. Hancock intervened, claiming the property as assignee of Low for the benefit of creditors.
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In Error to the United States Court in the Indian Territory. Action by the Waples-Platter Company against Charles EL Low to recover a sum of money. The action was commenced by an attachment, and one J. S. Hancock intervened, claiming the property as assignee of Low for the benefit of creditors. Issue was joined on the questions of the validity of the attachment, and its priority to the assignment, and the verdict and judgment were against the plaintiff and in favor of both the defendant and the assignee. Plaintiff brings error. Statement by SANBORN, Circuit Judge. This is a writ of error to…
1Opinion of the Court
SA XI¡O.RX, Circuit Judge,
(after stating the facts.) There were three questions that under some phases of this case it might be necessary for the jury to determine in this action. They were: (1) Was the defendant, Low, about to sell, convey, or otherwise dispose of Ms property with the fraudulent intent to cheat, hinder, or delay Ms creditors at the commencement of the action? (2) Was the order of attachment delivered to the deputy marshal before or after the assignment to the interpleader was delivered and accepted? (3) Did the interpleader have any knowledge of or part in the defendant’s…
2Cases cited9 opinions
- Lukins v. AirdSupreme Court of the United States · 1867
- Emerson v. SenterSupreme Court of the United States · 1886
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Barney v. . GriffinNew York Court of Appeals · 1849
- Averill v. LoucksNew York Supreme Court · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
- Millus v. Lowrey Bros.Supreme Court of Oklahoma · 1917
- Farris v. GrossSupreme Court of Arkansas · 1905
- Kirby v. HardinSupreme Court of Oklahoma · 1913
- Barton v. FergusonCourt Of Appeals Of Indian Territory · 1896
2 more not listed; retrieve them via the Exa API.