Legal Opinion

Flask, Preston & Co. v. Tindall

Supreme Court of Arkansas

Decided November 15, 1882PublishedCited by 5 opinions

APPEAL from Jefferson Circuit Court. Hon. S. J. Pindall, Circuit Judge. 1. The conveyance and delivery by a debtor to a creditor of more goods than were necessary to pay his debts was such as would lock up his goods indefinitely, and thereby hinder and delay other creditors, and so fraudulent as to warrant an attachment. Bramstaclt v. McWhirter, 9 Neb., 6; McChesney v. Alien, 7 ib., 27; Bump on Fraud.

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APPEAL from Jefferson Circuit Court. Hon. S. J. Pindall, Circuit Judge. 1. The conveyance and delivery by a debtor to a creditor of more goods than were necessary to pay his debts was such as would lock up his goods indefinitely, and thereby hinder and delay other creditors, and so fraudulent as to warrant an attachment. Bramstaclt v. McWhirter, 9 Neb., 6; McChesney v. Alien, 7 ib., 27; Bump on Fraud. Corn., 392, Ififf, Jones v. Syer, 52 Md., 211. 2. If the attempted conveyance was an assignment, then it was void for non-compliance with the statute. Gantt’s Digest, secs. 385-6-7; Raleigh v.…

1Opinion of the CourtEakin, J.

In a suit at law, by appellants, upon certain acceptances of appellees, a stock of goods was taken by attachment. They were claimed by Catchings & Co., who gave bond, retained them, and interpleaded, in accordance with, the statute. The defendants traversed the grounds of attachment, making no defense to the debt, for which judgment was rendered. Upon trial of the traverse by the court the attachment was dissolved. The plaintiffs complain of this as error, and bring up the evidence by bill of exceptions.

The alleged grounds of the attachment were that defendants “have removed their property,…

2Cited by5 opinions

  1. Crawford v. SternbergCourt of Appeals for the Eighth Circuit · 1915
  2. In Re DudleyDistrict Court, S.D. California · 1947
  3. Gray v. PattersonSupreme Court of Arkansas · 1898
  4. McComb v. Judsonia State BankSupreme Court of Arkansas · 1909
  5. Henry v. CroomSupreme Court of Arkansas · 1897

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