Mattison v. Judd
Mississippi Supreme Court
Appeal from the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge, did not sit in this case, but Hon. J. A. Green presided by interchange.
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Appeal from the Circuit Court of Marshall County. Hon. J. W. C. Watson, Judge, did not sit in this case, but Hon. J. A. Green presided by interchange. Upon a plea in abatement of an attachment by the appellees against the appellants, it was proved that J. R. McCarroll, one of the latter, was a partner in the firm of Mattison & McCarroll, storekeepers, who, when. insolvent, made the assignment described in the opinion, and was also adminstrator of his father’s estate, in which, however, he had previously sold his interest; that the preferred debt, described in the deed as due that estate, was…
1Opinion of the CourtCampbell, J.
The Circuit Court instructed the jury that the deed of assignment was void on its face. The several provisions of the instrument, which, it is said, make that instruction proper, are: 1. The direction that the trustee “ shall sell and dispose of in due course of trade said goods, wares, and merchandise at discretion, or in lots, or at auction, if deemed most advisable by him for the speedy determination of the duties herein imposed, consistent with all creditors’ interests.” 2. “ The said Dancy (trustee) shall have power (in the interest of the creditors herein named, at his reasonable…
2Cases cited3 opinions
- Tifft v. . City of BuffaloNew York Court of Appeals · 1880
- Marks v. HillSupreme Court of Virginia · 1859
- Benedict v. . HuntingtonNew York Court of Appeals · 1865
3Cited by5 opinions
- Drucker & Brother v. Wellhouse & SonsSupreme Court of Georgia · 1888
- Selleck v. J. Pollock & Co.Mississippi Supreme Court · 1892
- F. H. Roberts Co. v. Hopkins, Inc.Massachusetts Supreme Judicial Court · 1937
- Armitage v. Rector, Ratliff & Co.Mississippi Supreme Court · 1885
- Bickham v. LakeDistrict Court, N.D. Mississippi · 1883