Hazell v. Bank of Tipton
Supreme Court of Missouri
Error to Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) The trial court erred in permitting the bank to enquire of the witness Reeves, whether any steps were taken by the assignors, two or three days after the assignment, to compromise, with their creditors. No-participation of the assignee in said compromise was shown.
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Error to Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) The trial court erred in permitting the bank to enquire of the witness Reeves, whether any steps were taken by the assignors, two or three days after the assignment, to compromise, with their creditors. No-participation of the assignee in said compromise was shown. Crow v. Beardsley, 68 Mo. 435; Byrne v„ Becker, 42 Mo. 269 ; State v. Benoist, 37 Mo. 500 ; Gates v. Lebaume, 19 Mo. 25; JIarcourt v. Halcomb, 89 Ind„ 104. (2) The defendant failed to make out a primafacie case, and the demurrer to the evidence should have been…
1Opinion of the CourtNorton, C. J.
The Bank of Tipton, defendant in 'error, instituted an attachment suit in the Moniteau ■county circuit court against Cochel & Bechtel, who were merchants .engaged in the sale of hardware in the town ■of Tipton. The writ of attachment was levied upon a stock of goods as belonging to them. On the same day said writ was levied, viz., the third of January, 1885, .and a short time before it was issued and levied, an assignment, executed by said Cochel & Bechtel, conveying all their property to one Barrick, as assignee for the benefit of .all their creditors, was filed for record. In *64March…
2Cases cited4 opinions
- Shelley v. BootheSupreme Court of Missouri · 1880
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Albert v. BeselSupreme Court of Missouri · 1885
- Lane v. EwingSupreme Court of Missouri · 1860
3Cited by14 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- Cantley v. PlattnerMissouri Court of Appeals · 1934
- Mansue-Tebbetts Implement Co. v. RitchieSupreme Court of Missouri · 1898
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