Estes v. Gunter
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOE THE NORTHERN DISTRICT OF MISSISSIPPI. In March, 1882, one S. H. Gunter, a merchant who had been for many years engaged in business at Sardis, in Mississippi, was largely indebted to the complainants and others; and, being unable to pay them in full, made a general assignment of his property of every description, except such as whs exempt from execution, to one S. G. Spain, as trustee, for their 'benefit, 'which was…
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOE THE NORTHERN DISTRICT OF MISSISSIPPI. In March, 1882, one S. H. Gunter, a merchant who had been for many years engaged in business at Sardis, in Mississippi, was largely indebted to the complainants and others; and, being unable to pay them in full, made a general assignment of his property of every description, except such as whs exempt from execution, to one S. G. Spain, as trustee, for their 'benefit, 'which was recorded the same day. The assignment preferred certain of the creditors, who were named in a schedule annexed. Among them…
1Opinion of the CourtJustice Field
It appears from its opinion in the record, that the court below held the assignment of Gunter for the benefit of his creditors to be fraudulent and void on these grounds: 1. Because of the execution of the trust deed to Hall to secure the sureties on his note held by the bank of Sardis; 2. Because of the payment of the $900 to his wife, shortly before tbe assignment, for a debt which he claims to have owed to her; 3. Because he permitted her to take money from the cash drawer; and 4. Because more supplies than usual were taken from-the store to his house shortly before the assignment.
The…
2Cases cited1 opinion
- Reinhard v. Bank of KentuckyCourt of Appeals of Kentucky · 1845
3Cited by15 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Ohio Valley Bank Co. v. MackCourt of Appeals for the Sixth Circuit · 1906
- Wilson v. HarrisMontana Supreme Court · 1898
- Huntley v. KingmanSupreme Court of the United States · 1894
- Walter v. AthaCourt of Appeals for the Third Circuit · 1919
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