Nelson v. Harper
Supreme Court of Arkansas
Appeal from Union 'Circuit Court; C. W. Smith, Judge; STATEMENT BY THE COURT. The Monroe Grocer Company, limited, recovered judgment against one J. P. Gathright for $52.25. Execution was issued and levied by the constable upon certain' goods as the property of Gathright. R. G. Harper (appellee) instituted this suit against the plaintiff in execution and the constable to recover the possession of these goods.
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Appeal from Union 'Circuit Court; C. W. Smith, Judge; STATEMENT BY THE COURT. The Monroe Grocer Company, limited, recovered judgment against one J. P. Gathright for $52.25. Execution was issued and levied by the constable upon certain' goods as the property of Gathright. R. G. Harper (appellee) instituted this suit against the plaintiff in execution and the constable to recover the possession of these goods. Harper claimed title to the property under an instrument purporting to be a deed of assignment by Gathright for the benefit of creditors in which he conveyed to Harper “as trustee for the…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) A provision in -an assignment which requires, as a condition precedent to participation in the funds assigned, that the creditors shall release the debtor is, ¡according to the prevailing American rule, oppressive and renders the assignment void, even though all the debtor’s property is included. “This,” ¡say the authors of Euling Case Law, “is on the ground that an insolvent debtor has no right to dictate terms which shall make him independent of his legal ¡obligations -and that it is 'Contrary to justice and against public policy to ¡allow debtors to…
2Cases cited4 opinions
- Richmond v. Mississippi MillsSupreme Court of Arkansas · 1889
- Clayton v. JohnsonSupreme Court of Arkansas · 1880
- Collier v. DavisSupreme Court of Arkansas · 1886
- State National Bank v. Wheeler-Motter Mercantile Co.Supreme Court of Arkansas · 1912
3Cited by3 opinions
- Brown Shoe Company v. StoneSupreme Court of Arkansas · 1927
- Simmons Hardware Co. v. RhodesCourt of Appeals for the Eighth Circuit · 1925
- Beal-Burrow Dry Goods Co. v. BakerSupreme Court of Oklahoma · 1929