Legal Opinion

Coffin v. Douglass

Texas Supreme Court

Decided April 18, 1884No. Case No. 1971PublishedCited by 26 opinions

Appeal from. Grayson. Tried below before the Hon. Richard Maltbie. On the 6th of December, 1882, S. W. Kniffin, of Parsons, Kansas, •and W. G. Kniffin, of Denison, Texas, who were partners under the firm name of Kniffin Bros., being insolvent, executed to A. H. Coffin their deed of assignment, whereby Coffin was appointed assignee. Coffin accepted the trust and filed his bond, which was approved and qualified.

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Appeal from. Grayson. Tried below before the Hon. Richard Maltbie. On the 6th of December, 1882, S. W. Kniffin, of Parsons, Kansas, •and W. G. Kniffin, of Denison, Texas, who were partners under the firm name of Kniffin Bros., being insolvent, executed to A. H. Coffin their deed of assignment, whereby Coffin was appointed assignee. Coffin accepted the trust and filed his bond, which was approved and qualified. The assignee took possession of the goods assigned and had them in his possession when defendant Douglass by a writ of attachment, in a cause entitled Keating v. Kniffin Bros., seized…

1Opinion of the Court

Stayton, Associate Justice.—

The judge, who tried this cause without a jury, found that the deed of assignment conveyed to the appellee the property which belonged to S. W. and G. W. Kniffin as partners, and a judgment was rendered against the assignee on the ground that the deed did not convey the property which belonged to the two Kniffins otherwise than as partners. The deed of assignment contains a provision requiring releases from such creditors as take benefits under it.

In the case of Donoho v. Fish Bros. & Co., 58 Tex., 164, it was held that an assignment made by partners, which did not…

2Cases cited7 opinions

  1. Donoho v. Fish Bros. & Co.Texas Supreme Court · 1882
  2. Malcolm v. HodgesCourt of Appeals of Maryland · 1855
  3. Dana v. LullSupreme Court of Vermont · 1845
  4. Von Wettberg v. CarsonSupreme Court of Connecticut · 1877
  5. Williams v. HadleySupreme Court of Arkansas · 1878

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Cheek v. MetzerTexas Supreme Court · 1927
  2. Tracy v. TufflySupreme Court of the United States · 1890
  3. Schoolher, Bernstein & Co. v. HutchinsTexas Supreme Court · 1886
  4. McKee v. CoffinTexas Supreme Court · 1886
  5. Purdom v. BoydTexas Supreme Court · 1891

21 more not listed; retrieve them via the Exa API.

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