In re Assignment of Howard
Missouri Court of Appeals
Appeal from Gentry Circuit Court. — Hon. William O. Ellison, Judge. This instrument shows upon its face that it is given as a security for the debts therein mentioned. When the parol evidence of the circumstances under which it was executed is considered it is clear that it was intended as a security for a debt, and is not, and cannot be held to be an assignment under the statute. Crow v. Beardsley, 68 Mo. 435; Hargadine v. Henderson, 97 Mo. 375; In re Zwang, 39 Mo.
Read the full summary
Appeal from Gentry Circuit Court. — Hon. William O. Ellison, Judge. This instrument shows upon its face that it is given as a security for the debts therein mentioned. When the parol evidence of the circumstances under which it was executed is considered it is clear that it was intended as a security for a debt, and is not, and cannot be held to be an assignment under the statute. Crow v. Beardsley, 68 Mo. 435; Hargadine v. Henderson, 97 Mo. 375; In re Zwang, 39 Mo. App. 356; Buggy Co. v. Woodson, 59 Mo. App. 550; Haase v. Distilling Co., 64 Mo. App. 131; Dry Goods Co. v. Grocer Co., 68 Mo.…
1Opinion of the CourtJohnson, J.
On the application of certain creditors of A. E. Howard, the circuit court issued a citation under the provisions of section 350, Revised Statutes 1899, to require the alleged assignee in a deed of assignment, for the benefit of creditors, executed by Howard to file an inventory and give bond or be dismissed from the trust. In his answer to the citation, the defendant (appellant here) interposed the defense that “the instrument of writing under which he is proceeding as trustee is a deed of trust in the nature of a mortgage given for the purpose of securing the payment of certain debts…
2Cases cited12 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Crow v. BeardsleySupreme Court of Missouri · 1878
- Hargadine v. HendersonSupreme Court of Missouri · 1888
- Western Manufacturing Co. v. WoodsonSupreme Court of Missouri · 1895
- Jaffrey v. MathewsSupreme Court of Missouri · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dalton v. PetersCourt of Appeals for the Eighth Circuit · 1941
- State ex rel. Ostman v. HinesMissouri Court of Appeals · 1910
- Northrup National Bank v. FranklinMissouri Court of Appeals · 1921