Askew v. La Cygne Exchange Bank
Supreme Court of Missouri
.Appeal from Jackson Circuit Court. — Hon. P. M. Black, Judge. The assignment laws of the state of Kansas ought not to be given extra-territorial force. It is only out of considerations of comity that foreign assignments will be . respected here. Where the rights of creditors have intervened as by attachment they should be entitled to priority as against the foreign assignee.
Read the full summary
.Appeal from Jackson Circuit Court. — Hon. P. M. Black, Judge. The assignment laws of the state of Kansas ought not to be given extra-territorial force. It is only out of considerations of comity that foreign assignments will be . respected here. Where the rights of creditors have intervened as by attachment they should be entitled to priority as against the foreign assignee. Borer on InterState Law, pp. 138, 9 ; 2 Kent’s Com. p. 406; Einer v. Beste, 32 Mo. 240; Thurston v. Rosenfield, 42 Mo. 474; Bryan v. Brisden, 26 Mo. 423; Greene v. Van Buskirk, 5 Wall. 307; Johnson v. Parker, 4 Bush…
1Opinion of the Court
Ewing, C.
The appellants, on the 27th of February, 1880, brought this suit against the La Cygne Exchange Bank, a banking corporation created under the laws of the state of Kansas, and theretofore doing business as such at La Cygne in that state. The suit was by attachment, and notice of garnishment was on the same day served *368on the Merchant’s National Bank of Kansas City, as garnishee. In due time the garnishee answered, stating that at the time the notice was served, it had in its possession the notes of several parties which had been placed in its hands by the Kansas bank as collateral…
2Cases cited11 opinions
- May v. WannemacherMassachusetts Supreme Judicial Court · 1872
- Ockerman v. . CrossNew York Court of Appeals · 1873
- Walters & Walker ex rel. Gatewood v. WhitlockSupreme Court of Florida · 1860
- Gregg v. SloanSupreme Court of Virginia · 1882
- Thurston v. RosenfieldSupreme Court of Missouri · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Catlin v. Wilcox Silver-Plate Co.Indiana Supreme Court · 1890
- Sands v. E. S. Greeley & Co.Court of Appeals for the Second Circuit · 1898
- Glenn v. HuntSupreme Court of Missouri · 1894
- Segnitz v. Garden City Banking & Trust Co.Wisconsin Supreme Court · 1900
- Union Savings Bank & Trust Co. v. Indianapolis Lounge Co.Indiana Court of Appeals · 1897
4 more not listed; retrieve them via the Exa API.