J. H. Conrades Chair Co. v. Wolf
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. The assignment statute declares that every voluntary assignment of property by a debtor in trust for his creditors shall be for the benefit of all the creditors of the assignor in proportion to their respective claims; and also declares that all stipulations in any such instrument granting preferences shall be void. R. S. 1889, sec. 424. The attempt to give preferences does not avoid the instrument.
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Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. The assignment statute declares that every voluntary assignment of property by a debtor in trust for his creditors shall be for the benefit of all the creditors of the assignor in proportion to their respective claims; and also declares that all stipulations in any such instrument granting preferences shall be void. R. S. 1889, sec. 424. The attempt to give preferences does not avoid the instrument. By force of the statute the conveyance enures to the benefit of all the creditors; and it will be enforced under the statute.…
1Opinion of the CourtThompson, J.
This was a citation, under section 381 of the Revised Statutes of 1879, to require an alleged assignee for the benefit of creditors to file an inventory and give bond, or be dismissed from his trust. The trustee did not appear in answer to the citation, but a member of the bar appeared as amicus curiae, and argued the questions of law arising, in favor of the view that the instru-. ment alleged to be an assignment for the benefit of creditors was merely a mortgage deed of trust for the security of several creditors. The court took this view, and dismissed the petition, and the petitioner…
2Cases cited9 opinions
- White v. CotzhausenSupreme Court of the United States · 1889
- Crow v. BeardsleySupreme Court of Missouri · 1878
- Hargadine v. HendersonSupreme Court of Missouri · 1888
- State ex rel. Holliday v. BenoistSupreme Court of Missouri · 1866
- Douglass v. CissnaMissouri Court of Appeals · 1885
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3Cited by5 opinions
- Jaffrey v. MathewsSupreme Court of Missouri · 1894
- Dalton v. PetersCourt of Appeals for the Eighth Circuit · 1941
- In re Assignment of HowardMissouri Court of Appeals · 1908
- Michigan Buggy Co. v. WoodsonMissouri Court of Appeals · 1894
- Splint v. SullivanMissouri Court of Appeals · 1894