Eicks v. Copeland
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. John C. Robertson. On tho 18th of February, 1879, A. A. Copeland, as the assignee of M. C. Chiles, filed a suit in the district court of Smith county, Texas, against J. W. Eicks and J. C. Moore, for the value of goods to the amount of $1,165, for the interest thereon from the 2d day of January, 1879, and for $3,000 damages.
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Appeal from Smith. Tried below before the Hon. John C. Robertson. On tho 18th of February, 1879, A. A. Copeland, as the assignee of M. C. Chiles, filed a suit in the district court of Smith county, Texas, against J. W. Eicks and J. C. Moore, for the value of goods to the amount of $1,165, for the interest thereon from the 2d day of January, 1879, and for $3,000 damages. In the petition it is alleged that on the 2d day of January, 1879, M. C. Chiles executed to A. A. Copeland a deed of general assignment for the benefit of his creditors, conveying to him all his goods, wares and merchandise in…
1Opinion of the Court
Bonner, Associate Justice.
The deed of assignment under which appellee Copeland, plaintiff below, claimed the property in controversy was made part of his petition.
Appellants Eicks & Co., defendants below, contend that this deed was void upon its face by reason of the following clause: “And my said trustee is hereby directed, when he shall have realized cash from said assets in such sums as he may deem proper, that he pay out the same pro rata to the said creditors by installments or dividends, or he may retain the same until all the assets are converted, then pay out the whole and close up…
2Cases cited7 opinions
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
- A. Peiser & Co. v. PeticolasTexas Supreme Court · 1879
- Wilson v. ForsythNew York Supreme Court · 1857
- Van Hook v. WaltonTexas Supreme Court · 1866
- Bailey v. MillsTexas Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Golden Rod Oil Co. No. 1 v. NobleCourt of Appeals of Texas · 1921