Senter v. Williams
Supreme Court of Arkansas
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.
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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
- Wiswall v. SampsonSupreme Court of the United States · 1853
- M'Dermutt v. StrongNew York Court of Chancery · 1820
- Stix v. ChaytorSupreme Court of Arkansas · 1891
- Smith v. CraftU.S. Circuit Court for the District of Indiana · 1882
- Clark v. SheltonSupreme Court of Arkansas · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Spear Mining Co. v. ShinnSupreme Court of Arkansas · 1910
- Doster v. Manistee National BankSupreme Court of Arkansas · 1900
- Boyd v. ArnoldSupreme Court of Arkansas · 1912
- North American Car Corp. v. Shell Petroleum Corp.Court of Appeals for the Tenth Circuit · 1937