Smith & Keating Implement Co. v. Thurman
Missouri Court of Appeals
Error to Dade Circuit Court, IIon. Charles G. Burton, Judge. . The case and facts are stated in the opinion of the court. I. An insolvent debtor cannot, under pretense of paying his debts, assign more property than is reasonably sufficient for that purpose. McÑichol r. Richter, 18 Mo. App. 515. How much stronger is the rule when, as in this case, he assigns all his property.
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Error to Dade Circuit Court, IIon. Charles G. Burton, Judge. . The case and facts are stated in the opinion of the court. I. An insolvent debtor cannot, under pretense of paying his debts, assign more property than is reasonably sufficient for that purpose. McÑichol r. Richter, 18 Mo. App. 515. How much stronger is the rule when, as in this case, he assigns all his property. All the cases limit the right to prefer creditors, with the qualification that he convey a reasonable amount of property. Ames v. Gilmore, 59 Mo. 537. And a very clear enunciation of this doctrine is to be found in…
1Opinion of the CourtPhilips, P. J.
The question presented by this writ of error involves the validity of a deed of trust made by John A. Thurman, of date October 5, 1885, to one J. L. Wetzel, as trustee, for the benefit of certain named creditors. The property conveyed consists of certain real estate situated in Dade and Jasper counties, and a stock of dry goods, furniture, etc., in a certain storehouse in the town of Greenfield, and “one iron fellow and one Bain wagon.” The instrument sets out the names of the preferred creditors, and the sums respectively owing them by Thurman. The deed contains the provision that the…
2Cases cited6 opinions
- Crow v. BeardsleySupreme Court of Missouri · 1878
- Hall v. McLeodCourt of Appeals of Kentucky · 1859
- Douglass v. CissnaMissouri Court of Appeals · 1885
- Johnson v. McAllister's AssigneeSupreme Court of Missouri · 1860
- State ex rel. Cochran v. CooperSupreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Missouri-American Electric Co. v. Hamilton Brown Shoe Co.Court of Appeals for the Eighth Circuit · 1908
- J. H. Conrades Chair Co. v. WolfMissouri Court of Appeals · 1890
- Mills v. WilliamsMissouri Court of Appeals · 1888
- Bascom v. RainwaterMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.