Marlin v. Teichgraeber

Citations

• 63 Kan. 521
• 66 P. 234
• 1901 Kan. LEXIS 177

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. General Assignment— Chattel Mortgage — Fraud. A corporation, being insolvent and having decided to draw its business to a close, executed a' chattel mortgage to a creditor, and on the next day made a general assignment of all its property for the benefit of creditors, subject to the mortgage. The chattel mortgage was never accepted by the mortgagee and no lien asserted under it. Meld, that the assignment was not invalidated, and that if the execution of the mortgage and deed of assignment be regarded as part of the same transaction the mortgage alone falls and the assignment is not affected.</p> <p>2, -Attachment — Insufficient Ground. There being no fraud shown which inhered in the assignment itself, the fact that the debt sued for was fraudulently contracted furnished no ground for the seizure by attachment of property covered by a deed of general assignment made by the debtor.</p>