English v. Friedman

Citations

• 70 Miss. 457

Syllabus

<p>1. Attachment. Fraudulent assignment. Evidence.</p> <p>On the trial of an attachment, based, upon an alleged fraudulent assignment by the defendant, evidence is admissible that prior to the assignment, as a basis for credit, he furnished creditors statements of his indebtedness that omitted a large debt which it was afterwards claimed he then owed his father, and which was preferred in the assignment. So held, although a fraudulent contracting of the debt sued for was not alleged, and although the statements were made months before the assignment. The evidence is admissible on the question of the genuineness of the debt so preferred.</p> <p>2. Assignment for Creditors. Reservation. Subsequent fra/ud.</p> <p>1£ the assignor, in good faith, had embraced in a general assignment made by him all his known estate, it cannot be avoided because it afterwards appears that he owned land not embraced in it, of which he knew nothing at the time he assigned. Nor can the subsequent bad faith of the assignor in reference to such land avoid the assignment.</p> <p>3. Same. Subsequent fraud of assignor. Case.</p> <p>Accordingly, it is error to instruct that a general assignment for creditors is rendered fraudulent by the subsequent conduct of the assignor in attempting to secure for his sister, as against the assignee, land not mentioned in the assignment, which, at the time he assigned, he did not know he owned.</p>