Legal Opinion

Senter v. Williams

Supreme Court of Arkansas

Decided October 19, 1895PublishedCited by 4 opinions

Appeal from Hempstead Circuit Court in Chanrery. Rueus D. Hearn, Judge. statement by the court. Baird & Caruth, merchants at Washington, Hemp-stead county, failed in business, and made a general assignment. Virginia. J. Williams, one of the preferred creditors, filed, in behalf of herself and all other creditors, a suit setting up that the assignee had been unable to make bond, and praying- for the appointment of a receiver. The assignee was appointed receiver.

Read the full summary

Appeal from Hempstead Circuit Court in Chanrery. Rueus D. Hearn, Judge. statement by the court. Baird & Caruth, merchants at Washington, Hemp-stead county, failed in business, and made a general assignment. Virginia. J. Williams, one of the preferred creditors, filed, in behalf of herself and all other creditors, a suit setting up that the assignee had been unable to make bond, and praying- for the appointment of a receiver. The assignee was appointed receiver. Barbara Hubbard, and two other creditors of Baird & Carruth, filed in the suit their cross complaint, in the nature of a creditors’…

1Opinion of the Court

Hughes, J.,

Rig-ht of creditor to> intervene in creditor’s bill-

(after stating the facts.) Though it is the favorite policy of a court of equity to distribute assets equally among creditors -pari -passu, yet, whenever a judicial preference has been established, by the superior legal diligence of any creditor, that preference is always preserved in the distribution of assets by the court. McDermutt v. Strong, 4 Johns. Ch. 687. Here the appellees, to whom the reward of diligence was granted, filed their bill to set aside the assignment for fraud, and succeeded. The appellants contented…

2Cases cited7 opinions

  1. Wiswall v. SampsonSupreme Court of the United States · 1853
  2. M'Dermutt v. StrongNew York Court of Chancery · 1820
  3. Stix v. ChaytorSupreme Court of Arkansas · 1891
  4. Smith v. CraftU.S. Circuit Court for the District of Indiana · 1882
  5. Clark v. SheltonSupreme Court of Arkansas · 1855

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Spear Mining Co. v. ShinnSupreme Court of Arkansas · 1910
  2. Doster v. Manistee National BankSupreme Court of Arkansas · 1900
  3. Boyd v. ArnoldSupreme Court of Arkansas · 1912
  4. North American Car Corp. v. Shell Petroleum Corp.Court of Appeals for the Tenth Circuit · 1937

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API