Robinson & Co. v. Belt

Citations

• 187 U.S. 41
• 23 S. Ct. 16
• 47 L. Ed. 65
• 1902 U.S. LEXIS 851

Syllabus

<p>The question whether a general assignment for the benefit of creditors is rendered invalid by reason of a provision that the ‘ ‘ preferred creditors shall accept their dividends in full satisfaction and discharge of their respective claims ” is one determinable by the local law of the jurisdiction from which the question arises.</p> <p>Under the Act of Congress of May 2, 1890, the laws of Arkansas respecting assignments for the benefit of creditors, as well as the statute of frauds, aré extended and put in force in the Indian Territory. In adopting these laws the courts of the Indian Territory are bound to respect the decisions of the Supreme Court of Arkansas interpreting them.</p> <p>Under the laws of Arkansas, thus made applicable to the Indian Territory, a stipulation for a release in a general assignment, which is made only as a condition of preference, does not invalidate the instrument. ■</p> <p>Other objections were made in the assignments of error, but as they did not appear to have been raised in either of the courts below, it was held that they could not be raised in this court.</p> <p>While it is the duty of this court to review the action of subordinate courts, justice to those courts requires that their alleged errors shall be called directly to their attention, and that their action shall not be reversed for errors which counsel in this court have first evolved from the record.</p>