Page v. Gardner
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This action was brought by Page & Bacon, to recover money in the hands of the defendant, Gardner, as general assignee under the statute, (R. C. 1845,) of George K. Budd, collected on accounts claimed by the plaintiffs, as purchasers under a deed of trust executed by Budd previous to the assignment, and to recover possession of uncollected accounts claimed by them in like manner.
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Error to St. Louis Court of Common Pleas. This action was brought by Page & Bacon, to recover money in the hands of the defendant, Gardner, as general assignee under the statute, (R. C. 1845,) of George K. Budd, collected on accounts claimed by the plaintiffs, as purchasers under a deed of trust executed by Budd previous to the assignment, and to recover possession of uncollected accounts claimed by them in like manner. On the 27th of September, 1852, Budd, by deed recorded December 17, 1852, conveyed to Kellogg, in trust to secure a note for $5000, payable to plaintiffs on the first of…
1Opinion of the CourtRyland, Judge
1. It is contended by the counsel for the respondent, Gardner, in this case, and is, indeed, the chief ground of bis de-*511fence to the plaintiff’s action, that Gardner, the assignee, holding the property as an officer of the law, is not responsible in his individual capacity to an action for the effects in his hands as assignee; but that a proceeding must be instituted, in the court having authority over this assignment, against the fund itself.
The assignment by George K. Budd to Sanford B. Kellogg, trustee, to secure the payment of a debt to Page & Bacon, duly acknowledged and recorded, being…
2Cited by10 opinions
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- Taylor v. SwaffordTennessee Supreme Court · 1909
- Hax v. Acme Cement Plaster Co.Missouri Court of Appeals · 1900
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