Legal Opinion

Crow v. Beardsley

Supreme Court of Missouri

Decided October 15, 1878PublishedCited by 43 opinions

Appeal from Audrain Circuit Court. — Hon. G-. Porter, Judge. Petition filed May 5th, 1875, for goods sold and delivered by plaintiff to defendant, George Beardsley. On the same day an attachment was issued and levied upon a stock of general merchandise, the property of defendant, Beardsley.

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Appeal from Audrain Circuit Court. — Hon. G-. Porter, Judge. Petition filed May 5th, 1875, for goods sold and delivered by plaintiff to defendant, George Beardsley. On the same day an attachment was issued and levied upon a stock of general merchandise, the property of defendant, Beardsley. W. H. Kennan interpleaded, setting up a deed of trust executed by Beardsley to him in consideration of $1.00 paid, and the debt and trust thereinafter mentioned and in trust for the following purposes. * * The deed then sets out the debts of the beneficiaries, none of them being due, and provides that if…

1Opinion of the CourtHenry, J.

1 voltjntaby assignments.

Both appellant’s and respondent’s counsel seem to labor tinder the impression that the first section of ^ relation to voluntary assignments. "W. S. 150, avoids all assignments which give a preference among creditors. We are not inclined to place that construction upon the section. It provides that, “ every voluntary assignment, etc., made by a debtor to any person, in trust for his creditors, shall be for the benefit of all the creditors of the assignor, in proportion to their respective claims.” In other words, whether one or more of the creditors be named it shall…

2Cases cited6 opinions

  1. Burgert v. BorchertSupreme Court of Missouri · 1875
  2. Gates v. LabeaumeSupreme Court of Missouri · 1853
  3. State ex rel. Holliday v. BenoistSupreme Court of Missouri · 1866
  4. Shapleigh v. BairdSupreme Court of Missouri · 1858
  5. Pinneo v. HartSupreme Court of Missouri · 1860

1 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Hargadine v. HendersonSupreme Court of Missouri · 1888
  2. Warner v. LittlefieldMichigan Supreme Court · 1891
  3. Alberger v. National Bank of CommerceSupreme Court of Missouri · 1894
  4. Sandusky v. FarisWest Virginia Supreme Court · 1901
  5. Helm v. BrewsterSupreme Court of Colorado · 1908

38 more not listed; retrieve them via the Exa API.

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