W. L. Moody & Co. v. Carroll

Collard, Judge.

The principal question for determination in this case is: Is the assignment made by Fain, Peery & Shelton to J. A. Carroll, for the benefit of creditors void on its face? It is a general assignment of all partnership and individual property of every kind for the benefit of all creditors of the firm, providing for such creditors as accept under it, requiring bond of assignee, and in all its provisions indicating that the intention was to assign under the statute.

When such an assignment is made it comes under the statute and must be executed in the manner provided by the statute,…