National Bank v. First National Bank

The assets of the Wabash Manufacturing Company were being administered in the County Court under the statute of May 22,1877, concerning voluntary assignments for the benefit of creditors.

In attempted compliance with the second section of that statute, the assignee published in a newspaper a notice dated January 11, 1890, requiring creditors to present their claims “ within three months of the date hereof.” The first publication of that notice was in the number of the paper issued January 14, 1890.

The appellant was a creditor of the Wabash Company, but had no notice in fact of the assignment…