Kyle v. Harveys
West Virginia Supreme Court
GreeN, Judge, furnishes the following statement of the case: íl. T. Earles, a merchant in Milton,'Cabell county, West Virginia, failing in business on September 29, 1882, made the following assignment to A. E. Neal of Milton: “Know all men by those presents, that I, H. T. Earles, merchant doing business at Milton, W. Va., have this day sold, assigned and delivered to A. D-^Neal all that certain stock of general merchandise now in my store at Milton, consisting of dry goods,…
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GreeN, Judge, furnishes the following statement of the case: íl. T. Earles, a merchant in Milton,'Cabell county, West Virginia, failing in business on September 29, 1882, made the following assignment to A. E. Neal of Milton: “Know all men by those presents, that I, H. T. Earles, merchant doing business at Milton, W. Va., have this day sold, assigned and delivered to A. D-^Neal all that certain stock of general merchandise now in my store at Milton, consisting of dry goods, boots and shoes, hats and caps, clothing, notions, hardware, jewelry, &c., and all other things therein excepting the…
1Opinion of the Court
GREEN, Judge :
The only question arising in this case, which has been argued by counsel in this Court, is, whether the assignment executed by H. E. Earles to A. D. Neal dated September 29, 1882, transferring to him a stock of goods in the town of Milton to pay two preferred creditors and then to distribute the proceeds pro rata amongst all the creditors of the grantor was fraudulent on its face. Our statute of frauds provides, that “every assignment given with intent to delay, hinder or defraud creditors shall as to such creditors be void.” Code .chapter 74, section 1. To make an assignment…
2Cases cited49 opinions
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Meacham v. SternesNew York Court of Chancery · 1842
- Hoffman, Burneston & Co. v. MackallOhio Supreme Court · 1855
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
- Williams v. Lord & RobinsonSupreme Court of Virginia · 1881
44 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Patterson v. PattersonWest Virginia Supreme Court · 1981
- Landeman v. Wilson & BeardsleyWest Virginia Supreme Court · 1887
- Bartles v. DoddWest Virginia Supreme Court · 1904
- Cohn v. WardWest Virginia Supreme Court · 1889
- Baer Sons Grocer Co. v. WilliamsWest Virginia Supreme Court · 1897
6 more not listed; retrieve them via the Exa API.