Grand Avenue Bank v. St. Louis Union Trust Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. Statement. — This action was begun to recover-from defendant, in its own capacity and as trustee under a deed of general assignment, the proceeds of sixteen pianos conveyed by said deed and afterwards sold by defendant. Prior to May 22, 1907, John Feld was a piano dealer in St. Louis. His 'salesrooms were in the-Odeon building on Grand avenue, and his storage room at No. 3505 Easton avenue.
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Appeal from St. Louis City Circuit Court. — Hon. Virgil Rule, Judge. Statement. — This action was begun to recover-from defendant, in its own capacity and as trustee under a deed of general assignment, the proceeds of sixteen pianos conveyed by said deed and afterwards sold by defendant. Prior to May 22, 1907, John Feld was a piano dealer in St. Louis. His 'salesrooms were in the-Odeon building on Grand avenue, and his storage room at No. 3505 Easton avenue. On said date he failed for-some forty thousand dollars, with assets of about thirty thousand dollars, he estimated. These assets,…
1Opinion of the CourtGoode, J.
(after stating the facts).
1. In 1897 our statutes relating to voluntary assignments for the benefit of creditors, were amended by the enactment of what is section 305 of the Revised Statutes of 1899, wherein every general assignee is declared to be a trustee for the benefit of the assignor and given “power and authority to prosecute such actions for property and make such defense to claims against the assigned property, as a trustee in a deed of trust, or an attachment or execution creditor with a writ levied on such property, could prosecute or make.” In Morgan v. Machine Co., 84 Mo. App.…
2Cases cited31 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Clements v. MooreSupreme Court of the United States · 1868
- Baker v. HumphreySupreme Court of the United States · 1880
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Landis v. McDonaldMissouri Court of Appeals · 1901
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3Cited by11 opinions
- Burnes v. Daviess County Bank & Trust Co.Court of Appeals of Kentucky · 1909
- Civic Plaza National Bank of Kansas City v. University Nursing Home, Inc.Missouri Court of Appeals · 1973
- Sherman v. ShaughnessyMissouri Court of Appeals · 1910
- McGarvey v. PrinceSouth Dakota Supreme Court · 1913
- Bostian v. Park National BankCourt of Appeals for the Eighth Circuit · 1955
6 more not listed; retrieve them via the Exa API.