Jones v. McQuien

Citations

• 71 Miss. 98

Syllabus

<p>1. Assignment fob Creditors. Whether general or partial. Intent.</p> <p>Whether an assignment for creditors is general or partial is to be determined by its terms. An assignment which, without purporting to embrace all the assignor’s property, conveys his stock of merchandise in a designated stor.e, together with the notes and books of account pertaining thereto, is partial, regardless of what the grantor thought or intended.</p> <p>2. Partial Assignment. Fraud. Evidence of things omitted.</p> <p>A partial assignment acts only on the property embraced in it. Therefore, on the issue whether such partial assignment is fraudulent as to creditors, evidence that certain property of the grantor was not included, is immaterial.</p> <p>3. Same. Fraud. Evidence aliunde. Fictitious debt. Pa/yment.</p> <p>An assignment, good on its face, is not rendered fraudulent merely because, after signing, but before delivery thereof, a debt preferred in it was paid, it appearing that the assignor, without altering the instrument, delivered it, together with the note, to the assignee, informing him of the facts and instructing him to disregard the provision for the payment of the note.</p>