Wright v. Linn
Texas Supreme Court
Error from Victoria. This was a trial of the right of property in a stock of goods, wares and merchandize, levied upon by virtue of executions in favor of the plaintiffs in error, against Lavius F. Chapman, and claimed by the defendant in error, under the following assignment: STATE OF TEXAS, Victoria County. ) These presents witness, that f whereas I, Lavius F. Chapman, of said county, merchant, am indebted to L. M. Wiley & Co'., of New York, in the sum of two thousand…
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Error from Victoria. This was a trial of the right of property in a stock of goods, wares and merchandize, levied upon by virtue of executions in favor of the plaintiffs in error, against Lavius F. Chapman, and claimed by the defendant in error, under the following assignment: STATE OF TEXAS, Victoria County. ) These presents witness, that f whereas I, Lavius F. Chapman, of said county, merchant, am indebted to L. M. Wiley & Co'., of New York, in the sum of two thousand seven hundred and fifty-three 40-100 dollars ($2,753 40-100) and to Seaman, Wills & Peck, of New Orleans, in the sum of one…
1Opinion of the CourtWheeler, J.
The right of a debtor to prefer one creditor to another, has been repeatedly recognized by this Court as unquestionable. But the right to make such preference in an assignment by a debtor for the benefit of creditors, has not heretofore been contested on the ground of its incompatibility with the bankrupt law of the State. It is now insisted on behalf of the appellants, that such preference cannot be made, in a general assignment by a debtor in failing circumstances, because incompatible with the provisions and policy of the law upon that subject. The question has not been met, in argument,…
2Cited by10 opinions
- Hahn v. Love, Texas Court of Appeals, 1st District (Houston)2009
- Cox v. MillerTexas Supreme Court · 1880
- Traylor v. TownsendTexas Supreme Court · 1884
- Equitable Trust Co. v. RolandCourt of Appeals of Texas · 1982
- Quarles v. HardinCourt of Appeals of Texas · 1917
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