Legal Opinion

Clark v. Robbins

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 6 opinions

Error from FranMi/n District Oov/rt. Robb Brothers, merchants, were in failing circumstances, and on the 26th of September, 1870, they made an assignment of all their stock, goods, accounts, etc., to plaintiff Olarh, for the benefit of their creditors, reserving in and by the terms of said deed from their said goods “property to the value of $400 each,’5 which they “ shall elect to retain as ‘ stock in trade,5 under the laws exempting certain projierty from execution.55…

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Error from FranMi/n District Oov/rt. Robb Brothers, merchants, were in failing circumstances, and on the 26th of September, 1870, they made an assignment of all their stock, goods, accounts, etc., to plaintiff Olarh, for the benefit of their creditors, reserving in and by the terms of said deed from their said goods “property to the value of $400 each,’5 which they “ shall elect to retain as ‘ stock in trade,5 under the laws exempting certain projierty from execution.55 Olarh took possession of the entire stock under said deed of assignment. Robb Brothers were indebted to Catlin & Son in the…

1Opinion of the Court

The opinion of the court was delivered by

YAtENroíB, J.:

Several questions are raised in this case, among which is the one whether a certain voluntary assignment made by James Eobb and Yincent O. Eobb, partners as “ Eobb Brothers,” to ¥m. H. Clark, for the benefit of the *578creditors of said Robb Brothers is valid. If this question be answered in the negative, as we think it must, such answer will virtually dispose of all the other questions, for then, in whatever way the other questions might be answered the same result would follow — the judgment below would necessarily have to be affirmed.

By…

2Cases cited1 opinion

  1. Kayser v. HeavenrichSupreme Court of Kansas · 1870

3Cited by6 opinions

  1. Herd v. ChambersSupreme Court of Kansas · 1944
  2. Dodd v. Hills & KramerSupreme Court of Arkansas · 1879
  3. Goll v. HubbellWisconsin Supreme Court · 1884
  4. Wichita Wholesale Grocery Co. v. RecordsSupreme Court of Kansas · 1888
  5. McCord-Norton Shoe Co. v. BrownSupreme Court of Kansas · 1930

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