Peery v. Carnes
Supreme Court of Missouri
Error to Grundy Circuit Oourt. — Hon. G-. D. Burgess, Judge. (1) The circuit court erred in sustaining defendant’s motion to strike out portions of plaintiff’s replication.
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Error to Grundy Circuit Oourt. — Hon. G-. D. Burgess, Judge. (1) The circuit court erred in sustaining defendant’s motion to strike out portions of plaintiff’s replication. If none of plaintiff’s indebtedness was proven'up ■or allowed in the bankruptcy court, and if his indebtedness, on account of which he was adjudged a bankrupt, had been-paid, it follows that there were no creditors to be paid by or through the assignee in bankruptcy, and, therefore, his trust relation with respect to said estate ceased and terminated, and the property, rights, claims and demands which had passed to -the…
1Opinion of the CourtBlack, J.
— The demands sued for, amounting to ■some $18,000, if they ever had any existence in point of fact, accrued on the fourth of June, 1878, and were subsisting claims at a subsequent date when plaintiff was .adjudged a bankrupt. The pleadings present a vast number of issues of fact as to which no questions of law .are preserved by the record and they need not be stated.
The record recites that plaintiff offered evidence tending to prove the issues on his part and defendant ■did the like. Defendant read in widence a transcript of the record in the matter of bankruptcy of plaintiff. This is the…
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