Hoyle v. Scudder
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. The plaintiffs having consented by the supplemental lease to the alteration made in the leased premises by the defendant’s assignor, have no claim for damages on account thereof. The defendant is trustee for those persons who were creditors of the assignor at the date of the assignment, and the funds in his hands are subject to the claims of those persons only. Hulse v. Marshall, 9 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. The plaintiffs having consented by the supplemental lease to the alteration made in the leased premises by the defendant’s assignor, have no claim for damages on account thereof. The defendant is trustee for those persons who were creditors of the assignor at the date of the assignment, and the funds in his hands are subject to the claims of those persons only. Hulse v. Marshall, 9 Mo. App. 148 ; In re Adams, 67 How. Pr. 286 ; Rendleman v. Willard, 15 Mo. App. 375; In re C hurch, 6 N. E. Rep. 498. Here the assignment…
1Opinion of the CourtThompson, J.
The plaintiffs exhibited a demand against the assigned estate of the Guernsey Furniture Company, which was disallowed by the assignee and they appealed to the circuit court. The claim was allowed by the *374circuit court, in the sum of four hundred and ninety-five dollars, and the assignee appealed to this court. It appears that on November 22, 1884, the Guernsey Furniture Company leased a building of the plaintiffs for the term of five years, which lease contained the covenant that they would deliver up the premises at the end of the term (either by limitation or forfeiture), “in as good…
2Cited by6 opinions
- Moore v. ThompsonMissouri Court of Appeals · 1902
- Baker v. HerrlingerOhio Court of Appeals · 1922
- Evans v. Illinois Surety Co.Appellate Court of Illinois · 1920
- Hill v. GrahamColorado Court of Appeals · 1898
- In re McAllister-Mohler Co.District Court, S.D. Ohio · 1930
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