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Kerbs v. Ewing

Kerbs v. Ewing, 22 F. 693 (1884)
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Court
U.S. Circuit Court for the District of Western Missouri · Historical Federal Courts
Decided
July 1, 1884
Judges
McGraby
Citations
22 F. 693
Headnotes
Assignment for Benefit of Oueditobs — Missouri Statute — Deed of Tiujst for Benefit of Certain Creditors. No matter what the form of the instrument, where a debtor in Missouri, being insolvent, conveys all ol' his property, to a third party to pay ono or moro creditors, to the exclusion of others, such a conveyance will be construed to bo an assignment for the benefit of all liis creditors; the preference being in contravention of the assignment, laws of t1”1 state.
Summary
Demurrer to Bill of Complaint.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — McGraby

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McGraby, J.

This case is not different in principle from the case of Martin v. Hausman, 14 Fed. Rep. 160. It is true that in Martin v. TIausman the technical deed of trust, which was construed to be an assignment for the benefit of creditors, was defective as a deed of trust, in having no defeasance clause attached thereto. In this case, the instrument is a deed of trust in proper form. This, however, can make no difference. No matter what the form of the instrument, where *694 a debtor, being insolvent, conveys all bis property to a third party to pay one or more creditors, to the exclusion of others, such a conveyance will be construed to be an assignment for the benefit of all the creditorsxfthe preference being in contravention of the assignment laws of this state. Demurrer overruled.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1894: 11932: 11946: 118942026peak 1894 · 1

Relies on it most ⓘ

  1. Sandwich Manufacturing Co. v. Max24 L.R.A. 524 (S.D. 1894)
  2. Wohlschlaeger v. Duncan157 F.2d 933 (8th Cir. 1946)
  3. Pilson v. Rodeffer61 F.2d 976 (4th Cir. 1932)

Most recent

  1. Wohlschlaeger v. Duncan157 F.2d 933 (8th Cir. 1946)
  2. Pilson v. Rodeffer61 F.2d 976 (4th Cir. 1932)
  3. Sandwich Manufacturing Co. v. Max24 L.R.A. 524 (S.D. 1894)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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