National Bank of Commerce v. Ripley
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) Assignment statutes are designed to provide a method . whereby a debtor may, under the supervision of a court, apply his assets to the payment of his debts, and to effect a pro rata distribution of such assets among all of his creditors.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) Assignment statutes are designed to provide a method . whereby a debtor may, under the supervision of a court, apply his assets to the payment of his debts, and to effect a pro rata distribution of such assets among all of his creditors. They are remedial and should be liberally construed to accomplish the salutary purposes of their enactment, namely, a distribution of the assets equally among all the creditors. R. S. 1899, sec. 323; Powers v. Hill, 27 Mo. App. 192; Jaffrey v. Mathews, 120, Mo. 317; Turnipseed v.…
1Opinion of the CourtValliant, J.
Appeal from the judgment of the circuit court of the city of St. Louis affirming a decision of the assignee refusing to allow a claim of the plaintiff against the assigned estate.
The facts are:
Ripley & Bronson made a general assignment to W. B. Homer, for the benefit of their creditors, July 24, 1893. Mr. Homer gave notice as the statute requires to creditors to present their claims, against the estate on September 12, 13 and 14, 1893, of which fact the plaintiff had knowledge. At the date of the assignment Ripley & Bronson had on deposit in plaintiff bank about $5,000, and the bank held…
2Cases cited11 opinions
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- State v. SchuchmannSupreme Court of Missouri · 1896
- State v. PembertonSupreme Court of Missouri · 1860
- State v. BryantSupreme Court of Missouri · 1886
- State ex rel. Cannon v. MaySupreme Court of Missouri · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Amos v. CoffeySupreme Court of Virginia · 1984
- National Amusement Co. v. Department of RevenueWisconsin Supreme Court · 1969
- Edwards v. Mayor, Etc. of Borough of MoonachieSupreme Court of New Jersey · 1949
- United States Cement Co. v. CooperIndiana Supreme Court · 1909
- In Re Wallace W.Court of Appeals of Maryland · 1993
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