Legal Opinion

Kemper, Hundley & McDonald Dry Goods Co. v. George A. Kennard Grocer Co.

Missouri Court of Appeals

Decided January 11, 1897PublishedCited by 4 opinions

Appeal from the Caldwell Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The deed of November 26, 1895, was construed by the court as a general deed of assignment to be administered under the statute. Under the evidence and by the law of this state it is not such a deed. Hurgadme v. Henderson, 97 Mo. 375; In re Assignment of Zioang, 39 Mo. App. 356; Buggy Co. y. Woodson, 59 Mo. App. 550; Jajfrey v: Matheivs, 120 Mo. 317; Hasse v. Distilling Company, 64 Mo.

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Appeal from the Caldwell Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The deed of November 26, 1895, was construed by the court as a general deed of assignment to be administered under the statute. Under the evidence and by the law of this state it is not such a deed. Hurgadme v. Henderson, 97 Mo. 375; In re Assignment of Zioang, 39 Mo. App. 356; Buggy Co. y. Woodson, 59 Mo. App. 550; Jajfrey v: Matheivs, 120 Mo. 317; Hasse v. Distilling Company, 64 Mo. App. 131. This is also the law in other jurisdictions. Warner v. Littlefield, 89 Mich. 329; Bank v. Chapelle, 40 Mich. 447; Gage v.…

1Opinion of the CourtSmith, P. J.

This is a suit in equity, the object of which was to have declared a general assignment a certain written instrument, which is as follows:

‘ ‘assignment oe genekal stock oe mekohandise.

‘ ‘Whereas, I, Jacob Clute, of Mirabile, Missouri, am indebted to (George A. Kennard Grocery Company, of St. Joseph, Missouri, certain sums of money, and they are hereby appointed assignee; unto Wm. Souders, of Mirabile, Caldwell county, Missouri, certain sums of money; unto the Kingston Savings Bank, of Kingston, Caldwell county, Missouri, in certain sums of money; and unto James A. Tait, Polo, Caldwell county,…

2Cases cited11 opinions

  1. Griffith v. TownleySupreme Court of Missouri · 1878
  2. Hargadine v. HendersonSupreme Court of Missouri · 1888
  3. Martin v. NixonSupreme Court of Missouri · 1887
  4. Corrigan v. TiernaySupreme Court of Missouri · 1889
  5. Jaffrey v. MathewsSupreme Court of Missouri · 1894

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Missouri-American Electric Co. v. Hamilton Brown Shoe Co.Court of Appeals for the Eighth Circuit · 1908
  2. Peters Shoe Co. v. ArnoldMissouri Court of Appeals · 1899
  3. In re Assignment of HowardMissouri Court of Appeals · 1908
  4. Northrup National Bank v. FranklinMissouri Court of Appeals · 1921

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