Hax v. Acme Cement Plaster Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. W. K. James, Judge. (1) An assignment of wages before the assignor has entered into 'any contract under wihch he hopes to earn them, is too vague and uncertain to be sustained; is against public policy, and is void as against attaching creditors. Eagan v. Luby, 133 Mass. 543; Herbert v. Bronson, .125 Mass. 475; Mullhall v. Quin, 1 Cray 105; Hartley v. Tapley, 2 Cray 565; Edward y.
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Appeal from the Buchanan Circuit Court. — Hon. W. K. James, Judge. (1) An assignment of wages before the assignor has entered into 'any contract under wihch he hopes to earn them, is too vague and uncertain to be sustained; is against public policy, and is void as against attaching creditors. Eagan v. Luby, 133 Mass. 543; Herbert v. Bronson, .125 Mass. 475; Mullhall v. Quin, 1 Cray 105; Hartley v. Tapley, 2 Cray 565; Edward y. Peterson, 80 Me. 367; Rood on Camishment, sec. 73; Railroad Oo. v. Woodring, 116 Pa. St. 513; Jones on Chattel Mortgages, sec. 144; Neuman v. Calumet Co., 57 Mich. 97.…
1Opinion of the CourtSmith, P. J.
The Acme Cement Plaster Company— a corporation — was garnished on an execution which was issued, on a judgment in favor of Hax and other creditors against S. A. Walker.
The garnishee, in answer to the fifth interrogatory exhibited against him by the creditors, stated 'that, “the defendant, S. A. Walker, at the time of the service of the garnishment was and now is in the employment of the garnishee, receiving as compensation for his services a salary of four thousand dollars ($4,000) per 'annum, payable monthly in advance, and in addition thereto five (5) per cent of the net earnings of the…
2Cases cited15 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Apperson & Co. v. W. E. & C. L. MooreSupreme Court of Arkansas · 1875
- Rutherford v. StewartSupreme Court of Missouri · 1883
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3Cited by4 opinions
- Heller v. LutzSupreme Court of Missouri · 1914
- Price v. Morning Star Mining Co.Missouri Court of Appeals · 1900
- Cornell v. Mutual Life InsuranceMissouri Court of Appeals · 1914
- Brewer v. GriesheimerAppellate Court of Illinois · 1902