Legal Opinion

Waggoner-Gates Milling Co. v. Ziegler-Zaiss Commission Co.

Supreme Court of Missouri

Decided May 21, 1895PublishedCited by 15 opinions

Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) A debtor, though in failing circumstances, may prefer one creditor over another. Hargadine v. Henderson, 97 Mo. 375; Sampson v. Shaw, 19 Mo. App. 274; Hard v. Foster, 98 Mo. 279; Sellers v. Bailey, 29 Mo. App. 174. This proposition is so well settled in this state that it is unnecessary to make any extended-citation of authorities in support of it.

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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) A debtor, though in failing circumstances, may prefer one creditor over another. Hargadine v. Henderson, 97 Mo. 375; Sampson v. Shaw, 19 Mo. App. 274; Hard v. Foster, 98 Mo. 279; Sellers v. Bailey, 29 Mo. App. 174. This proposition is so well settled in this state that it is unnecessary to make any extended-citation of authorities in support of it. (2) A creditor of a corporation has the same right to secure and retain a preference for his claim against a private corporation that he would have, were his debtor an individual…

1Opinion of the Court

Burgess, J. —

On the seventeenth day of. April, 1890, the Ziegler-Zaiss Commission Company, an insolvent corporation, intending to prefer some of its cred*479itors to others, and then to make a general assignment for the benefit of their creditors not preferred, executed two chattel mortgages, the first to the American National Bank and certain other parties, and the second to B. E. Coombs Commission Company and Henry Albers, and then a voluntary assignment for the benefit of all its creditors, the assignment being made subject to said mortgages. The mortgages and deed of assignment were all…

2Cases cited33 opinions

  1. Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
  2. Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
  3. Preston v. SpauldingIllinois Supreme Court · 1887
  4. Fogg v. BlairSupreme Court of the United States · 1890
  5. Sanford Fork & Tool Co. v. Howe Brown & Co.Supreme Court of the United States · 1895

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3Cited by15 opinions

  1. Smead v. ChandlerSupreme Court of Arkansas · 1903
  2. Coleman v. HageySupreme Court of Missouri · 1913
  3. Levering v. BimelIndiana Supreme Court · 1897
  4. Schufeldt v. SmithSupreme Court of Missouri · 1895
  5. State ex rel. Grimm v. Manhattan Rubber Manufacturing Co.Supreme Court of Missouri · 1899

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