Shultz v. Christman
Missouri Court of Appeals
Aureal from St. Louis Circuit Court. The creditors of the bank were the parties defrauded, and these assignees, the plaintiffs, do not represent them, and cannot object oil their behalf. —Hurlbut v. Carter, 21 Barb. 223 ; Fstabrook v. Messer smith, 18 Wis. 545. An assignee cannot avoid fraudulent transfers made by his assignor, nor take the rights of the creditors of the assignor in his charge or control.
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Aureal from St. Louis Circuit Court. The creditors of the bank were the parties defrauded, and these assignees, the plaintiffs, do not represent them, and cannot object oil their behalf. —Hurlbut v. Carter, 21 Barb. 223 ; Fstabrook v. Messer smith, 18 Wis. 545. An assignee cannot avoid fraudulent transfers made by his assignor, nor take the rights of the creditors of the assignor in his charge or control. In this respect he is like an admirSstrator. — Brown v. Finley, 18 Mo. 375 ; George v. Williamson, 26 Mo. 190 ; Merry v. Fremon, 44 Mo. 578. Plaintiffs should have alleged rescission and…
1Opinion of the CourtHayden, J.
The plaintiffs are assignees, by virtue of a voluntary assignment under the statute, of the West St. Louis Savings Bank, a corporation created according to the laws of this State. The petition alleges that on February 12, 1876, the bank, being insolvent, made the assignment; that the defendant was a director of the bank; and that in December, 1875, with intent to cheat and defraud the bank, he wrongfully obtained from it $1,500 of its moneys by a sale to the bank of fifteen shares of its capital stock, to the damage of the bank of $500, etc. . In similar language another fraudulent sale is…
2Cases cited3 opinions
- McKee v. . JuddNew York Court of Appeals · 1855
- Estabrook v. MessersmithWisconsin Supreme Court · 1864
- Foy v. Troy & Boston Rail RoadNew York Supreme Court · 1856
3Cited by10 opinions
- Roan v. WinnSupreme Court of Missouri · 1887
- Brown v. WeldonMissouri Court of Appeals · 1887
- Heinrichs v. WoodsMissouri Court of Appeals · 1879
- Meinershagen v. TaylorMissouri Court of Appeals · 1913
- Zinn v. Denver Livestock Commission Co.Supreme Court of Colorado · 1920
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