Legal Opinion

Rainwater v. Stevens

Missouri Court of Appeals

Decided May 27, 1884PublishedCited by 3 opinions

Appeal from the St. Louis County Circuit Court, Edwards, J. . The deed of assignment transfers property to the assignee, in trust for the benefit of the assignor, and is void, whatever may have been the actual intent of the parties. — Rev. Stats. 1879, sect. 2496, p. 417; Burrill on Assign. (4th ed.), sect. 343, p. 514; Ibid., sect. 349, p. 524 ; Ibid., sect. 200, p. 279 ; Bigelotov. Stringer, 40 Mo. 195, and cases cited.

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Appeal from the St. Louis County Circuit Court, Edwards, J. . The deed of assignment transfers property to the assignee, in trust for the benefit of the assignor, and is void, whatever may have been the actual intent of the parties. — Rev. Stats. 1879, sect. 2496, p. 417; Burrill on Assign. (4th ed.), sect. 343, p. 514; Ibid., sect. 349, p. 524 ; Ibid., sect. 200, p. 279 ; Bigelotov. Stringer, 40 Mo. 195, and cases cited. The provision in the deed that the assignor might select from those assigned such goods, and at such time as he desired, to the amount of $300, to be taken at the value…

1Opinion of the CourtThompson, J.

This is a suit by attachment brought by the plaintiffs, Rainwater, Boogher & Co., against Edward H. Koch. The attachment was levied on a stock of goods which had been the property of Koch, and R. H. Stevens, Jr., interpleaded, claiming the same as assignee of Koch for the benefit of his creditors. Stevens had claimed the property under the sheriff and marshal’s act; the plaintiff had given an indemnifying bond, and the property had been sold, under an order of sale in the attachment suit, before the trial of the issues raised by the interplea of Stevens. The court, sitting as a jury, found…

2Cases cited2 opinions

  1. Lininger v. RaymondNebraska Supreme Court · 1879
  2. McCord & Robbins v. MooreTennessee Supreme Court · 1871

3Cited by3 opinions

  1. Frank v. MyersSupreme Court of Alabama · 1892
  2. Parker, Holmes & Co. v. ClevelandSupreme Court of Florida · 1896
  3. Cribben v. EllisWisconsin Supreme Court · 1887

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