Legal Opinion

Smith v. Hunter

Court of Appeals of Kansas

Decided July 15, 1896No. 110Published

Memorandum. — Error from Greenwood district court.; C W. Shinn, judge. Action by A. M. Hunter, as assignee of Jewett & Lowen, against'J. A. • Smith, as sheriff of Greenwood county, to recover the value of goods sold under orders of attachment. Judgment for plaintiff. Defendant brings the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Cole, J.:

On August 14, 1893, Jewett & Lowen, of Fall River, made an assignment ■‘hr the benefit of creditors, naming C. M. Jones as assignee. On the two days' following certain creditors of Jewett & Lowen commenced actions against them, and caused attachments to be issued and levied upon the property in the possession of said assignee. The ground for the attachment was that said firm had disposed of their oroperty for the purpose of hindering and delaying and defrauding its creditors. Afterward the property was sold by the sheriff, and the proceeds of…

2Cases cited13 opinions

  1. Lampson v. ArnoldSupreme Court of Iowa · 1865
  2. Chapin v. JenkinsSupreme Court of Kansas · 1893
  3. McPike v. AtwellSupreme Court of Kansas · 1885
  4. Lesher v. GetmanSupreme Court of Minnesota · 1881
  5. J. W. Brigham & Co. v. Jones & EverettsSupreme Court of Kansas · 1892

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