Bean v. Brookmire
U.S. Circuit Court for the District of Missouri
In equity. After the decision of this court in the cause reported above, [Case No. 1.168,] the assignee [William C. Bean] brought the present bill, in the district court for the eastern district of Missouri, to recover money alleged to have been fraudulently paid by the bankrupt to the defendants, [Brookmire and others.] The district court sustained the demurrer to the bill on the ground that no recovery could be had in equity, and that the remedy was exclusively at law,…
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In equity. After the decision of this court in the cause reported above, [Case No. 1.168,] the assignee [William C. Bean] brought the present bill, in the district court for the eastern district of Missouri, to recover money alleged to have been fraudulently paid by the bankrupt to the defendants, [Brookmire and others.] The district court sustained the demurrer to the bill on the ground that no recovery could be had in equity, and that the remedy was exclusively at law, [unreported.] The assignee appeals. [Reversed. A decree was afterwards rendered for the assignee, and affirmed by this…
1Opinion of the Court
KREKEL, District Judge.
This is a bill by the assignee of the bankrupt to recover of defendants fourteen hundred and thirty-six dollars, alleged to have been fraudulently paid by Kintzing, the bankrupt, to Brook-mire & Rankin, the defendants, in order to obtain their consent and signature to a composition deed entered into by the creditors of Kintzing & Co., prior to the adjudication in bankruptcy against the said Charles S. Kintzing.
The defendants filed their demurrer, and for cause assign that complainant has no interest in the subject-matter of the bill, and want of equit3r.
The court below…
2Cases cited1 opinion
- O'Shea v. Collier White Lead & Oil Co.Supreme Court of Missouri · 1868