Hardcastle v. Fisher
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. On the 1st of October, 1853, plaintiffs commenced a suit by attachment against Mudgett & James, averring in their affidavit, as grounds for the attachment, that the defendants had fraudulently conveyed and assigned their property and effects so as to hinder and delay their creditors. In the month of October, 1853, the respondents were summoned as garnishees of said Mudgett & James.
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Error to St. Louis Court of Common Pleas. On the 1st of October, 1853, plaintiffs commenced a suit by attachment against Mudgett & James, averring in their affidavit, as grounds for the attachment, that the defendants had fraudulently conveyed and assigned their property and effects so as to hinder and delay their creditors. In the month of October, 1853, the respondents were summoned as garnishees of said Mudgett & James. At the return term of the writ, Mudg-ett & James filed a plea in abatement to the affidavit for the attachment, and afterwards, in February, 1856, on a trial before a jury,…
1Opinion of the CourtLeonard, Judge
1. The deed falls within the provisions of our act concerning voluntary assignments, and we must treat it as such in determining the present controversy. The omission of the assignee to file an inventory and give security, or to discharge any other duty imposed upon him by the statute, can not affect the rights of the creditors ; and we are not at liberty, from any thing now before us, to presume that the creditors themselves have abandoned the assignment, and left the property embraced in it to be the subject of a general scramble among the creditors.
2. Three of the supposed debts provided…
2Cases cited1 opinion
- Anderson v. HooksSupreme Court of Alabama · 1846
3Cited by23 opinions
- Zell Guano Co. v. HeatherlyWest Virginia Supreme Court · 1893
- Craig & Bumgardner v. Hoge & HutchinsonSupreme Court of Virginia · 1897
- Morris v. . PearsonSupreme Court of North Carolina · 1878
- Douglass v. CissnaMissouri Court of Appeals · 1885
- Powers v. C. H. Hamilton Paper Co.Wisconsin Supreme Court · 1884
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