Chambers v. Meaut
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. S. H. Terral, Judge. In November, 1887, George W. Champlin, an insolvent merchant, executed an assignment of all his stock of goods and assets of every description to the appellee, H. J. Meaut, as assignee, for the benefit of his creditors. The assignment was in the usual form and provided for certain preferences.
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From the circuit court of Harrison county. Hon. S. H. Terral, Judge. In November, 1887, George W. Champlin, an insolvent merchant, executed an assignment of all his stock of goods and assets of every description to the appellee, H. J. Meaut, as assignee, for the benefit of his creditors. The assignment was in the usual form and provided for certain preferences. Appellants were unpreferred creditors, and a few days after the execution of the assignment they sued out an attachment against Champlin, and caused the same to be levied upon the stock of goods in possession of the assignee. The…
1Opinion of the CourtCampbell, J.
It is true that several instructions applicable to the issue as to the rightfulness of the attachment rather than the claimant’s issue were given at the instance of the claimant, as it appears by the transcript, but we do not see how any harm could have resulted to the *628appellants from these instructions ; and we think that the insertion of the adjective “ clear/’ complained of as to the preponderance of evidence required in some of the instructions, did not amount to anything. Nor did the court err, in telling the jury that, “ the mere fact that the assignee is a poor man and destitute of…
2Cited by1 opinion
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