Sprinkle v. Wallace
Oregon Supreme Court
Appeal from Gilliam: W. L. Bradshaw, Judge. This is in effect a suit for an accounting. On the thirty-first day of March, eighteen hundred and eighty-eight, D. S. Sprinkle made a general assignment of all his property for the benefit of his creditors to I. E. Dawson, under the general assignment laws of the state, which trust was accepted by the assignee, who qualified and took possession of the property, and proceeded with the administration of the insolvent’s estate.
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Appeal from Gilliam: W. L. Bradshaw, Judge. This is in effect a suit for an accounting. On the thirty-first day of March, eighteen hundred and eighty-eight, D. S. Sprinkle made a general assignment of all his property for the benefit of his creditors to I. E. Dawson, under the general assignment laws of the state, which trust was accepted by the assignee, who qualified and took possession of the property, and proceeded with the administration of the insolvent’s estate. About January fourth, eighteen hundred and eighty-nine, Dawson, to enable the plaintiff to procure funds with which to settle…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
It will be seen that this suit is in no way connected with, but is separate and distinct from, the assignment proceeding. It was instituted for the purpose of requiring a settlement and an accounting by the assignee touching the assigned estate, and of obtaining a decree directing the disposition of such portion or balance of the estate as may yet be found in his custody and under his control. The question to be determined here is whether a person, after having made a general assignment for the benefit of all his creditors under the general assignment laws of…
2Cases cited5 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- Hanchett v. WaterburyIllinois Supreme Court · 1885
- Lawson v. StacyWisconsin Supreme Court · 1892
- Rumsey v. TownU.S. Circuit Court for the Southern District of Iowa · 1884
- Robbins v. City of Fond du LacWisconsin Supreme Court · 1892
3Cited by2 opinions
- Sabin v. AndersonOregon Supreme Court · 1897
- Stanton Trust & Savings Bank v. Northern Montana Ass'n of Credit MenMontana Supreme Court · 1926