Kortjohn v. Continental National Bank
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. An assignee for the benefit of creditors, under our statute, takes the assigned estate subject to all-equities existing at the time of the assignment. He is not a purchaser for value without notice.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. An assignee for the benefit of creditors, under our statute, takes the assigned estate subject to all-equities existing at the time of the assignment. He is not a purchaser for value without notice. State ex rel. v. Bowse, 49 Mo. 593; Pete v. Spencer, 90 Mo. 384-388; Jacobi v. Jacobi, 101 Mo. 507; Green v. Conrad, 114 Mo. 664. Where the debtor becomes insolvent, an equitable right of set-off obtains in favor of the creditor, subject to all fixed demands owing by the former to the latter at the time of the…
1Opinion of the CourtBiggs, J.
The plaintiff, as assignee of the G-oelitz Brothers Candy Company, sues in this action to recover from the defendant the sum of $308.25, the amount of a current deposit. The defendant admitted the deposit, but claimed that the Candy Company owed it a much larger sum, and that the amount of the deposit had been applied as a credit thereon. The plaintiff denied the right of set off, and alleged in his replication that the debt from the Candy Company to the *170defendant was not due at the date of the assignment, and further that the defendant had presented and had its debt allowed for the full…
2Cases cited8 opinions
- Fera v. . WickhamNew York Court of Appeals · 1892
- Myers v. . DavisNew York Court of Appeals · 1860
- Nashville Trust Co. v. BankTennessee Supreme Court · 1892
- Spaulding v. BackusMassachusetts Supreme Judicial Court · 1877
- Huse v. AmesSupreme Court of Missouri · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Horigan Realty Co. v. First National BankMissouri Court of Appeals · 1925
- Homer v. National Bank of Commerce in St. LouisSupreme Court of Missouri · 1897
- Iler v. Rieger & Co.Missouri Court of Appeals · 1897
- Storts v. MillsMissouri Court of Appeals · 1902
- Brown v. Stotts City BankSupreme Court of Missouri · 1931
2 more not listed; retrieve them via the Exa API.