Becker v. Rardin
Supreme Court of Missouri
Appeal from Worth Circuit Court. — Hon. 0. H. S. Goodman, Judge. (1) A debtor may prefer one creditor to another. He may sell, mortgage or pledge the whole or any part of his property for the benefit of one or more of his creditors to the exclusion of all others, and if the transfer is bona fide it will be sustained. Insolvency does not deprive him of the right to make a preference.
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Appeal from Worth Circuit Court. — Hon. 0. H. S. Goodman, Judge. (1) A debtor may prefer one creditor to another. He may sell, mortgage or pledge the whole or any part of his property for the benefit of one or more of his creditors to the exclusion of all others, and if the transfer is bona fide it will be sustained. Insolvency does not deprive him of the right to make a preference. Hargadine v. Henderson, 97 Mo. 875; Foster ». Planing Mill Co., 92 Mo. 79 ; Hard v. Foster, 98 Mo. 297 ; Daugherty v. Cooper, 77 Mo. 528 ; Ames v. Gilmore, 59 Mo. 537 ; Shelley v. Boothe, 73 Mo. 74 ; Henderson v.…
1Opinion of the CourtGantt, P. J.
This is an action begun in the circuit court of Worth county by the plaintiff, who was one of the creditors of William D. Rardin, against the defendant, in which it is charged that, by virtue of a certain conveyance made by William D. Rardin to the defendant, said defendant became the assignee of the goods, wares and merchandise conveyed, for the benefit of all the creditors of said William D. Rardin ; that, although he was by virtue of said instrument such assignee, he had failed to file his bond as such, and had failed to file inventories of the stock as required by the statute in such…
2Cases cited6 opinions
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Crow v. BeardsleySupreme Court of Missouri · 1878
- Wilcoxon v. AnnesleyIndiana Supreme Court · 1864
- Johnson v. McGrewSupreme Court of Iowa · 1860
- Keen v. PrestonIndiana Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jackson v. Citizens Bank & Trust Co.Supreme Court of Florida · 1907
- Missouri-American Electric Co. v. Hamilton Brown Shoe Co.Court of Appeals for the Eighth Circuit · 1908
- Smith-McCord Dry Goods Co. v. CarsonSupreme Court of Kansas · 1898
- Henry v. CroomSupreme Court of Arkansas · 1897