Clapp v. Dittman
U.S. Circuit Court for the District of Eastern Missouri
In Equity. Demurrers to bills. Both bills allege an assignment by an insolvent debtor of all his assets to a single creditor, with the purpose of giving the assignee an undue preference over other creditors, and of hindering, delaying, and defrauding the latter. In the first case, the assignment was in the form of a chattel mortgage, but was not, it is alleged, intended to operate as such, but as an assignment.
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In Equity. Demurrers to bills. Both bills allege an assignment by an insolvent debtor of all his assets to a single creditor, with the purpose of giving the assignee an undue preference over other creditors, and of hindering, delaying, and defrauding the latter. In the first case, the assignment was in the form of a chattel mortgage, but was not, it is alleged, intended to operate as such, but as an assignment. The complainants seek to have said conveyances declared assignments for the benefit of all creditors, within the meaning of section 354 of the Revised Statutes of Missouri, which…
1Opinion of the CourtBrewer, J.
These cases were argued together. Both stand on demurrer to the bill. Both involve the same questions, and will therefore be disposed of by the same opinion. In them are presented three questions:
First. Where a debtor who is insolvent transfers all his property to a single party, and under such circumstances that it is obvious that there was no intention of merely giving security, and with the idea of paying the debt and reclaiming the property, must such transfer, no matter by what form of instrument, whether that of a chattel mortgage or otherwise, and whether made to the creditor directly…
2Cases cited6 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Lackland v. GarescheSupreme Court of Missouri · 1874
- Farwell & Co. v. Howard & Co.Supreme Court of Iowa · 1868
- Batchelder v. AltheimerMissouri Court of Appeals · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
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