Pomeroy v. Selmes
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. 1. The assignment was void, as against the letter and policy of the late Bankrupt Act. 2. The assignment, if otherwise good, was void as assigning the property of Selmes to pay the debts of McFarlane. 1. No question arises on the bill of exceptions, the exceptions not having been taken during the trial, nor at any time before verdict; at least, it is doubtful when the exceptions were taken, and in such case the court will intend…
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ERROR to St. Louis Court of Common Pleas. 1. The assignment was void, as against the letter and policy of the late Bankrupt Act. 2. The assignment, if otherwise good, was void as assigning the property of Selmes to pay the debts of McFarlane. 1. No question arises on the bill of exceptions, the exceptions not having been taken during the trial, nor at any time before verdict; at least, it is doubtful when the exceptions were taken, and in such case the court will intend against the party whose duty it was to make the matter plain. — Rev. Code, 1835, p. 464, sec. 20; 3 Cowan, 32; 9 Johns.,…
1Opinion of the CourtTompkins, J.
This was an action of assumpsit, brought by George Pomeroy against Selmes, in the Court of Common Pleas of St. Louis county. The declaration contained three counts, on three several notes, purporting to be made by one James McFarlane, to Selmes, the defendant, and by Selmes assigned to the plaintiff, Pomeroy, all bearing date in May, 1842. The common counts were also contained in the declaration. The plaintiff made affidavit, that he believed Selmes had fraudulently disposed of his property and effects, so as to defraud and delay his creditors, and procured an attachment to issue. The sheriff…
2Cited by6 opinions
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- Givens v. Van StuddifordMissouri Court of Appeals · 1883
- State ex rel. Lawrence v. Judge of the St. Louis Court of Criminal CorrectionSupreme Court of Missouri · 1867
- Farrar v. FinneySupreme Court of Missouri · 1855
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