McKelvy v. Striker

I. Striker, doing business as The Central Distributing Company, and Colorado Beverage Company, defendants in error, are judgment creditors of Leadville Pharmacy, Inc., which made an assignment to J. B. McKelvy, Trustee, plaintiff in error, for the benefit of all its creditors. It is undisputed that, owing to the failure of the debtor to comply with chapter 12, ’35 C.S.A., we are here concerned with a common-law, and not a statutory, assignment.

Briefly, the facts are these: January 13, 1939, Striker, and January 24, 1939, Colorado Beverage Company, obtained judgments against the debtor.…