Woods v. Timmerman's Assignee
Supreme Court of Missouri
Appeal from Si. Louis Circuit Court. Francis Timmerman made an assignment of his effects to William Muir for the benefit of his creditors. In the schedule annexed to this deed the claim of the plaintiffs is thus described: “ Names — Messrs.
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Appeal from Si. Louis Circuit Court. Francis Timmerman made an assignment of his effects to William Muir for the benefit of his creditors. In the schedule annexed to this deed the claim of the plaintiffs is thus described: “ Names — Messrs. Woods, Christy & Co.; Residence — Main street, St. Louis ; Class — Two notes ; Amount —^554.55.” Timmei’man was further indebted on a note for $3,180.50, payable to the order of one of the plaintiffs individually, but which was claimed to belong to the firm of Woods, Christy & Co. This note was mentioned in the deed of assignment. It was secured by a deed…
1Opinion of the CourtNapton, Judge
It has been heretofore determined that, under our recent statute concerning assignments, debtors may still prefer some creditors over others, although they <can not make distinctions between the preferred claims. Such a construction, although falling far short of the goal which the legislature appeared to be arriving at in the 39th section of the law, Avas rendered necessary by other provisions suffered to remain in the statute. If preferences are allowed as to the individual creditors, there is no reason why the same preferences may not be made with reference to the debt as to the individual…
2Cited by2 opinions
- Frazer v. RobertsSupreme Court of Missouri · 1862
- Calihan v. PowersSupreme Court of Missouri · 1896