Goodwin v. Kerr
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. F. M. Black Judge. Fraud, to have the effect to vitiate the assignment must exist at the time the assignment is made. Shep. Touch., 67 ; Bump Fraud. Conveyances, (3 Ed.) p. 359, and cases cited.
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Appeal from Jackson Circuit Court. — Hon. F. M. Black Judge. Fraud, to have the effect to vitiate the assignment must exist at the time the assignment is made. Shep. Touch., 67 ; Bump Fraud. Conveyances, (3 Ed.) p. 359, and cases cited. The acts of the assignor and assignee, after the assignment had been executed, acknowledged and recorded, either in refusing to carry it into further effect or attempting to rescind and abandon it, did not destroy the trust in favor, of the creditors, or operate to divest the title out of the assignee and re-vest it in the assignor. Cates v. Lebeaume, 19 Mo.…
1Opinion of the CourtHenry, J.
Plaintiffs sued Kerr by attachment in the *278special law and equity court of Jackson county, and the attachment was levied upon a stock of goods, (queensware, etc.,) in a storeroom in' Kansas City occupied by Kerr as a retail dealer in such -goods. Scarritt'interpleaded, claiming the goods under an assignment made to one ¥m. JLWatts, by Kerr, for the benefit of his creditors, Scarritt having been apppinted assignee by the circuit court of Jackson county, to which, by agreement, the cause was transferred.
At the trial it appeared that after the assignment was executed and recorded, Watts proceeded…
2Cases cited3 opinions
- State ex rel. Phillips v. RowseSupreme Court of Missouri · 1872
- Kuykendall ex rel. Middleton, Perry & Co. v. McDonaldSupreme Court of Missouri · 1852
- Gates v. LabeaumeSupreme Court of Missouri · 1853
3Cited by5 opinions
- Lowe v. MatsonIllinois Supreme Court · 1892
- Wright v. LeeSouth Dakota Supreme Court · 1897
- Adler v. LangeMissouri Court of Appeals · 1886
- Brannock v. MagoonMissouri Court of Appeals · 1910
- Scofield v. BurkettSupreme Court of Missouri · 1886