Benoist v. Darby ex rel. Camden
Supreme Court of Missouri
APPEAL FROM ST. LOUIS CIRCUIT COURT. 1st. The legal title to the choses of the bankrupt passed to the assignee,, by operation, of' the bankrupt act (sec. 3,) see 10 Mo.
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APPEAL FROM ST. LOUIS CIRCUIT COURT. 1st. The legal title to the choses of the bankrupt passed to the assignee,, by operation, of' the bankrupt act (sec. 3,) see 10 Mo. R- 57. and th,e same law continuing their assignable, quality,, by authorizing the assignee to sell them (sec. 9„) The same title.th,at he gets by the decree in bankruptcy and by his own appointment, he transfers by th.e sale,, The common lavy rule that things in action are not assignable, applies as well to the transfer to the assignee as from him, and ao if one assignment is merely equitable, so also is the. other. And…
1Opinion of the Court
McBride, judge,
delivered the opinion of the courts
John F. Darby, assignee in bankruptcy of John J. Ahder'son, who sues to the use Of John B-. Camden, brought- his action in assumpsit hi the circuit court of St. Louis county, against the defendant, Louis A¿ Benoist. The declaration contained the Common counts for goodá,wares and merchandise, Sold by the bankrupt previous to his bankruptcy. The bill of particulars contains the itenis of the plaintiff’s demand,- and may be designated aS account A, for $1504 83, and account B, for $226 64.
The defendant pleaded the general iááúe’, with notice of…
2Cited by10 opinions
- State Ex Rel. Schlueter Manufacturing Co. v. BeckSupreme Court of Missouri · 1935
- Boyce v. ChristySupreme Court of Missouri · 1870
- Dickerson v. ChrismanSupreme Court of Missouri · 1859
- Wright v. StewartU.S. Circuit Court for the District of Missouri · 1904
- Gordon v. RitenourSupreme Court of Missouri · 1885
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