Kingman & Co. v. Cornell-Tebbetts Machine & Buggy Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Edward C. Crow, Judge. (1) Tbe mere fact that one of tbe creditors secured by a chattel deed óf trust, fails to accept under tbe same, affords an unsecured creditor no ground for attachment where all the debts secured are Iona fide. In such case the act of the grantor amounts simply to an offer to secure the creditors so failing to accept.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. Edward C. Crow, Judge. (1) Tbe mere fact that one of tbe creditors secured by a chattel deed óf trust, fails to accept under tbe same, affords an unsecured creditor no ground for attachment where all the debts secured are Iona fide. In such case the act of the grantor amounts simply to an offer to secure the creditors so failing to accept. His act is a lawful act, and mere failure of one of the several creditors secured to accept can not make the act a fraudulent one. (2) 'Where a chattel deed of trust secures debts in favor of holders, and for which a…
1Opinion of the CourtMarshall, J.
Division No. One of this court, speaking through Makshall, J., all of tbe judges concurring, delivered tbe following opinion in this case:
“On November 17 th, 1893, plaintiff instituted suit, in tbe circuit court of Jasper county, against defendant, upon five promissory notes. Tbe answer was a plea of payment.
“On tbe 14th -of February, 1894, tbe defendant executed and delivered to H. H. Harding, as trustee, a deed of trust, covering its stock of merchandise in its store at Carthage, Missouri, to secure its indebtedness, evidenced by promissory notes in favor of William Deering & Co.,…
2Cases cited28 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Tompkins v. WheelerSupreme Court of the United States · 1842
- Foster v. Mullanphy Planing Mill Co.Supreme Court of Missouri · 1887
23 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pullis v. Pullis Bros. Iron Co.Supreme Court of Missouri · 1900
- Sikes v. ChaneyMissouri Court of Appeals · 1927
- Alexander v. WadeMissouri Court of Appeals · 1904
- Reynolds v. SchadeMissouri Court of Appeals · 1908
- Shanklin v. McCrackenSupreme Court of Missouri · 1899
2 more not listed; retrieve them via the Exa API.