Excelsior Manufacturing Co. v. Assigned Estate
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Tbe trial court erred in making tbe order charging the assignees with the amount of the note of C. H. Filley ($3,292) as for so much cash in their hands belonging to the assigned estate; for the reasons, to-wit: (a) There is no provision of the statute, regulating voluntary assignments for the benefit of creditors, which gave the court power to do so.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Tbe trial court erred in making tbe order charging the assignees with the amount of the note of C. H. Filley ($3,292) as for so much cash in their hands belonging to the assigned estate; for the reasons, to-wit: (a) There is no provision of the statute, regulating voluntary assignments for the benefit of creditors, which gave the court power to do so. Chap. 8, R. S. 1889; sec. 98, R. S. 1889; sec. 98, R. S. 1899; McCarty v. Frazer, 62 Mo. 263. (b) The order is in effect a judgment rendered against the assignees,…
1Opinion of the CourtMarshall, J.
— On February 6, 1896, the Excelsior Manufacturing Company made a voluntary assignment, under the statutes of the State, for the benefit of all its creditors. Charles H. and John D. Eilley were made the assignees. The *323company owed a number of employees for wages earned within the three months next preceding the assignment, and on the eighteenth of February, 1896, the circuit court made an order directing the assignees to pay these claims in full, which was done. Among such claims were the claims of E. E. Eilley, for $228.17, and of Charles II. Eilley, for $145.06. These payments were…
2Cases cited11 opinions
- Nanson v. JacobSupreme Court of Missouri · 1887
- Roan v. WinnSupreme Court of Missouri · 1887
- Winkler v. LietmanSupreme Court of Missouri · 1899
- McCarty v. FrazerSupreme Court of Missouri · 1876
- Eppright v. KauffmanSupreme Court of Missouri · 1886
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3Cited by2 opinions
- Thompson v. McCuneSupreme Court of Missouri · 1933
- Upham v. BramwellOregon Supreme Court · 1922