Legal Opinion

Bryan v. Brisbin

Supreme Court of Missouri

Decided March 15, 1858PublishedCited by 7 opinions

Error to St. Louis Court of Common Pleas. Plaintiffs, who reside in St. Louis, Missouri, sued Chamblin by attachment, and garnished several insurance companies in St. Louis, debtors to Chamblin. Prior to the commencement of the attachment suit, Chamblin made an assignment, dated February 4, 1857, valid by the laws of Minnesota, to John B. Brisbin, by which among other things he assigned to Brisbin the debts due him from said insurance companies.

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Error to St. Louis Court of Common Pleas. Plaintiffs, who reside in St. Louis, Missouri, sued Chamblin by attachment, and garnished several insurance companies in St. Louis, debtors to Chamblin. Prior to the commencement of the attachment suit, Chamblin made an assignment, dated February 4, 1857, valid by the laws of Minnesota, to John B. Brisbin, by which among other things he assigned to Brisbin the debts due him from said insurance companies. Said assignment makes preferences in favor of certain creditors. Up to the time of said attachment said companies had no notice of the said…

1Opinion of the CourtNapton, Judge

The assignment in Minnesota, referred to in the agreed case, classified the creditors of the assignor, and directed the debts specified in the first class to be entirely paid in preference to any debt named in the second. Under such an assignment here the title would pass, but the provision for preferences would be totally disregarded. As the management of the funds under the assignment in Minnesota is entirely beyond the reach of our courts, it is plain that it must be regarded as practically in conflict with our laws. ¥e are then asked to enforce an assignment, which could not be made and…

2Cases cited1 opinion

  1. Brown v. KnoxSupreme Court of Missouri · 1840

3Cited by7 opinions

  1. Thurston v. RosenfieldSupreme Court of Missouri · 1868
  2. Henderson v. PierceIndiana Supreme Court · 1886
  3. First National Bank v. HughesMissouri Court of Appeals · 1881
  4. Askew v. La Cygne Exchange BankSupreme Court of Missouri · 1884
  5. Cook v. Van HornWisconsin Supreme Court · 1892

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