Shear Co. v. Dickey

The parties will be designated as in the trial court. Plaintiff filed this suit against defendant, seeking to recover the balance of about $1,700 and interest due on a note for $5,301.49 executed by defendant. In 1917, tbe defendant was running a mercantile business and was insolvent, and some of bis creditors filed an involuntary petition against bim in bankruptcy. Thereafter, at tbe suggestion of plaintiff and other of bis creditors, be executed a general assignment to S. B. McDaniel of Corsicana and O. P. Hall of Waco, conveying all of bis property to said trustees, except that which was…