Matthews v. Lloyd
Court of Appeals of Kentucky
Cask 93 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. An assignee for creditors succeeds only to the rights of the assignor;- and, as the assignor could not maintain this action, the assignee can not do so.
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Cask 93 — PETITION EQUITY APPEAL FROM CAMPBELL CHANCERY COURT. 1. An assignee for creditors succeeds only to the rights of the assignor;- and, as the assignor could not maintain this action, the assignee can not do so. (Burrill on Assignments, 3d ed., sec. 391; Maiders v. Culver’s Assignee, 1 Duv., 165; Brownell v. Curtis, 10 Paige, 210.) 2. The presumption is, nothing appearing to the contrary, that the common law rule prevails in the State of Ohio, where the transaction between these parties took place. (Honoré v. Hutchings, 8 Bush,. 688.) Besides, it is, in effect, admitted by the…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
June 21, 1887, E. L. Harper made an assignment for the benefit of his creditors. A few hours before doing so he directed the brother of the appellant, Hattie A. Matthews, to get John Otten to go to an officer of the Fidelity Loan Company, and get from him his (Harper’s) “pass-book,” evidencing his ownership of twenty shares of stock in the company, then worth from four to five thousand dollars, and draw the value; *627of it by a withdrawal from the company, and pay it over to the appellant, Hattie A. Matthews. Otten got the pass-book, but found he…
2Cases cited2 opinions
- Honore v. HutchingsCourt of Appeals of Kentucky · 1871
- Miles v. CollinsCourt of Appeals of Kentucky · 1858
3Cited by4 opinions
- Bank of Commerce v. WindmullerCourt of Appeals of Kentucky · 1899
- Lloyd v. MatthewsCourt of Appeals of Kentucky · 1891
- Bryant's Trustee in Bankruptcy v. StephensCourt of Appeals of Kentucky (pre-1976) · 1934
- Fawcett's Assignee v. Mitchell, Finch & Co.Court of Appeals of Kentucky · 1909