Richards v. Levin
Supreme Court of Missouri
Error to Marion Circuit Court. Richards & Robinson sued Levin by attachment, alleging in the affidavit, that Levin had made and was about to make a fraudulent disposition of his property, so as to hinder, delay and defraud his creditors. Issue was taken by defendant on the affidavit, which was tried before the court sitting as a jury.
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Error to Marion Circuit Court. Richards & Robinson sued Levin by attachment, alleging in the affidavit, that Levin had made and was about to make a fraudulent disposition of his property, so as to hinder, delay and defraud his creditors. Issue was taken by defendant on the affidavit, which was tried before the court sitting as a jury. The plaintiffs read in evidence a deed of assignment made by Levin to trustees for the benefit of certain creditors, two or three days before the commencement of this suit. The deed of assignment contained a clause requiring the trustees, after paying the…
1Opinion of the CourtGamble, Judge
1. In this case it is admitted that the assignment made by Levin, when in failing circumstances, was intended to secure bona fide creditors named in the assignment; and that the property conveyed by the assignment, although all the prop - erty he possessed, was insufficient to satisfy the debts mentioned in the deed as the debts of the preferred creditors. It is admitted that he was, at the time of making the deed, indebted to other persons besides the creditors he preferred; and that the assignment contained a clause, under which, any sur*599plus, after paying the preferred debts, was to be paid…
2Cited by7 opinions
- Dana v. StanfordsCalifornia Supreme Court · 1858
- Bigelow v. StringerSupreme Court of Missouri · 1867
- Muchmore v. BuddSupreme Court of New Jersey · 1891
- Morgan v. BogueNebraska Supreme Court · 1878
- Harvey v. AndersonSupreme Court of Virginia · 1896
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