Frowein v. Calvird & Lewis
Missouri Court of Appeals
Error to the Henry Circuit Court. — Hon. J. H. Lay, Judge. (1) A. P. Frowein & Brother could not buy up an allowed claim against the insolvent bank and set it off against their own indebtedness. Stifel v. Hospes, 8 Mo.
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Error to the Henry Circuit Court. — Hon. J. H. Lay, Judge. (1) A. P. Frowein & Brother could not buy up an allowed claim against the insolvent bank and set it off against their own indebtedness. Stifel v. Hospes, 8 Mo. App. 566; R. S. 1889, secs. 7301, 8162. (2) When the Denton certificate was assigned from A. P. Frowein & Brother to Mrs. Frowein, she took it subject to the equities and set-offs which had attached to it at the time of the assignment to her, but not subject to any set-offs which might afterward arise. Skinker v. Smith, 48 Mo. App. 91-96. (3) The dividend was not due at the…
1Opinion of the Court
Smith, P. J. —
*569facts. *568The admissions of the pleadings in the case are as follows, to wit: 1. That the Denton Brothers had a claim for a call deposit amounting to *569$215.89 against the insolvent Henry County Bank, of which Calvird & Lewis, the defendants, were the assignees. 2. This claim was assigned to Sarah L. Denton and by the defendants allowed in her name for that amount and a certificate issued to her therefor. 3. That said certificate was for value by her assigned to the Frowein Brothers and was by them assigned for value to plaintiff. 4. That since the last named assignment the said…
2Cases cited4 opinions
- Iler v. Rieger & Co.Missouri Court of Appeals · 1897
- Kennedy v. ManshipSupreme Court of Alabama · 1840
- Weiss v. WahlMissouri Court of Appeals · 1878
- McCuin v. FrazierMissouri Court of Appeals · 1889
3Cited by3 opinions
- Storts v. MillsMissouri Court of Appeals · 1902
- Douglas County v. Bank of Ava.Supreme Court of Missouri · 1933
- Ellis v. DudleyCourt of Appeals of Georgia · 1917