Shellabarger v. Mottin
Supreme Court of Kansas
Error from Cloud District Court. Attachment suits against Mottin and another, by the following plaintiffs, to wit: J. L. Shellabarger, et al., Wm, Broadhead et al., Tootle, Hosea & Co., (two cases,) J. H. Lee & Co., Wm. E. Schmertz & Co., and Phelps, Dodge & Palmer Company. At the April term, 1889, all the attachments were dismissed on defendants’ motion, and plaintiffs in each case come to this court. The facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
From December 8, 1887, to March 23,. 1889, F. J. Mottin and Ferd. Mottin, partners as Mottin Bros., were engaged in the general merchandise business at Clyde, in Cloud county, in this state. At the time of commencing business the Mottin Bros, were worth from $15,000 to $21,000. About midnight of Friday, March 22, 1889, being insolvent, they made a general assignment to C. W. Van DeMarb. The assignment was dated March 23, 1889. It included their stock of goods, etc., furniture, fixtures, real estate and equities of both partners, not…
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