Cass County v. Jack
Supreme Court of Missouri
Error to First District Court. I. The Circuit Court had no power to pay or order to be paid the claim of Cass county. The debts must be paid according to the deed of assignment. A debtor, under the law of 1855, had a right to prefer one creditor to another, and the debts therefore must be paid as required and directed by the debtor in his deed of assignment.
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Error to First District Court. I. The Circuit Court had no power to pay or order to be paid the claim of Cass county. The debts must be paid according to the deed of assignment. A debtor, under the law of 1855, had a right to prefer one creditor to another, and the debts therefore must be paid as required and directed by the debtor in his deed of assignment. (Woods v. Tinnerman’s Assignee, 27 Mo. 107; 5 Johns. 335; Wilkes v. Ferris, 5 Tenn. 420 ; Shapleigh & Rue v. Baird, 26 Mo. 322.) II. Section 7, p. 1440, R. C. 1855, cannot affect this case; nor is 31 Mo. 205, nor 2 How. U. S. 608,…
1Opinion of the CourtAdams, Judge
Abram Cassell, as treasurer of Cass county, became defaulter for school funds to the amount of $8,911.90, and in 1860 made a general assignment of all his personal property for the benefit of certain named creditors, who by virtue of thé assignment were to be first paid, and then all of his other creditors if there-was enough property left. He was insolvent, his property not being sufficient to pay the debts. The county debt was not named or provided for in the assignment, unless it came under the general clause of “all other creditors.”
Section 7, article vii, of the school law of 1855 (R. C.…
2Cited by3 opinions
- Harris v. William R. Compton Bond & Mortgage Co.Supreme Court of Missouri · 1912
- State v. TowerSupreme Court of Missouri · 1904
- Ex parte RobertsSupreme Court of Missouri · 1901