January v. Powell & Co.'s Assignee
Supreme Court of Missouri
Appeal from St. Louis Circuit Cowrt. . This was an application in behalf of D. A: January & Co., E. C. Sloan, and Osborne & Tolle, to the St. Louis circuit court, for an order directing JosialvG. McClellan, assignee of the firm of Powell & Co., to appoint a new day for the hearing and allowance of demands not previously allowed, and to give due notice thereof.
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Appeal from St. Louis Circuit Cowrt. . This was an application in behalf of D. A: January & Co., E. C. Sloan, and Osborne & Tolle, to the St. Louis circuit court, for an order directing JosialvG. McClellan, assignee of the firm of Powell & Co., to appoint a new day for the hearing and allowance of demands not previously allowed, and to give due notice thereof. The motion set forth that the plaintiffs therein have demands against the late firm of Powell & Co., who assigned all their property and effects to William R. Biddlecome in trust for the benefit of their creditors ; that said Biddlecome…
1Opinion of the CourtScott, Judge
This proceeding was begun by a motion to the circuit court to require an assignee in insolvency to hear the claims of certain creditors of the insolvent, which he refused to do.
"We do not see any foundation in the statute concerning assignments for the motion that was made in the circuit court. The matters in which the circuit court can control *244the assignee are all stated in the statute, and there is no warrant for going further. The assignee is by no means an officer subordinate in all things to the circuit court and a part of that court. It is necessary to preserve the forms of the law. Law…
2Cited by4 opinions
- O'Neil v. FlanaganMissouri Court of Appeals · 1895
- Hutchinson v. GreenU.S. Circuit Court for the District of Eastern Missouri · 1881
- Domestic & Foreign Missionary Society v. HinmanUnited States Circuit Court · 1881
- State ex rel. Festor v. StaedMissouri Court of Appeals · 1896