C. M. Henderson & Co. v. Schaas

The appellee, D. Schaas, was a retail merchant at Helena, Montana, and was indebted to the firm of C. M. Henderson & Co., of Chicago, appellants, in the sum of §541 which debt was due about June 1, 1888, and was at that date sent by appellants to a firm of attorneys at Helena for collection. On June 6, 1888, the stock of Schaas was destroyed by fire, and afterward, on the same day, he made an assignment to one Kleinschmidt, at Helena, for the benefit of creditors, which assignment contained certain preferences. On July 17, 1888, appellants commenced this suit, by attachment, against Schaas,…