Morrow's Assignees v. Bright
Supreme Court of Missouri
Error to Ray Circuit Court. This was an action by Morrow’s general assignees for the benefit of creditors against Bright, for about eight hundred dollars due upon a note, account stated and agreement, all of ■which were included in the assignment. Bright pleaded as a set- off five hundred dollars paid by him since the assignment, on a protested note of Morrow’s, on which he was endorser.
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Error to Ray Circuit Court. This was an action by Morrow’s general assignees for the benefit of creditors against Bright, for about eight hundred dollars due upon a note, account stated and agreement, all of ■which were included in the assignment. Bright pleaded as a set- off five hundred dollars paid by him since the assignment, on a protested note of Morrow’s, on which he was endorser. The assignment was dated April 9, 1853. The note was given December 27, 1852, was protested before the assignment, and paid by Bright after the assignment. The offset was allowed by the Circuit Court, and the…
1Opinion of the CourtSoott, Judge
The only question in this case is, whether the defendant, Bright, is entitled to the benefit of the set-off which he claims, as against the plaintiffs ?
The plaintiffs are the voluntary assignees of the insolvent Morrow, and their position in this action cannot be likened to that of an assignee for value of the specific debt which is sought to be recovered.
In the case of Krause v. Beitel, (3 Rawle, 199,) it was held that the interest of a trustee of an insolvent debtor in debts due to the insolvent, is exactly that of the insolvent himself, as it stood affected by countervailing equities at…
2Cases cited1 opinion
- Krause v. BeitelSupreme Court of Pennsylvania · 1831
3Cited by9 opinions
- Huse v. AmesSupreme Court of Missouri · 1890
- Green v. ConradSupreme Court of Missouri · 1893
- Smith v. SpenglerSupreme Court of Missouri · 1884
- Smith v. PerrySupreme Court of Missouri · 1906
- Sweet v. JeffriesSupreme Court of Missouri · 1871
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