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Robinson and Co. Vs. Belt
Cites for this judgment
- US Supreme Court
- Oct 27, 1902
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Robinson & Co. v. BeltSearch
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U.S. 41 (1902) U.S. Supreme Court Robinson & Co. v. BeltSearch
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U.S. 41 (1902) Robinson & Co. v. BeltSearch
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nature was held to be void under the statute of Elizabeth as an attempt to hinder, delay, or defeat creditors, Spencer v. SlaterSearch
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of its propriety or wisdom. The question was discussed at considerable length by Mr. Justice Story in Halsey v. FairbanksSearch
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Mason, 206, 227, and the validity of the clause sustained, largely in deference to the case of King v. WatsonSearch
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as he states, the very exception was taken by counsel, and the assignment held good by the court of exchequer. King v. WatsonSearch
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however, has but a remote bearing, and seems to have been pro tanto overruled by the case of Spencer v. SlaterSearch
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Somewhat similar doubt is expressed by Mr. Chief Justice Taney in White v. WinnSearch
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of which is found in 8 Gill, 499. The question was also incidentally considered by this Court in Security Trust Co. v. DoddSearch
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it has been treated as determinable by the local law of the state from which the question arose. Thus, in Brashear v. WestSearch
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and decided the case upon the authority of Lippincott v. BarkerSearch
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argument, in favor of the deed. He also remarked that the question had been decided the same way in Pearpoint v. GrahamSearch
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days after the date of the instrument, that being the time limit provided for such acceptance. Neither in Lippincott v. BarkerSearch
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nor in Pearpoint v. GrahamSearch
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months in the other, execute a release of their demands. In several subsequent cases, the rule laid down in Brashear v. WestSearch
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courts. They are treated as establishing a rule of property applicable within their several jurisdictions. Sumner v. HicksSearch
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Randolph v. QuidnickSearch
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Chicago Union Bank v. KansasSearch
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The same rule has been held to be applicable to decisions of state courts construing the statute of frauds. Allen v. MasseySearch
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of foreign courts in the construction of such statute should be considered as incorporated into it. Thus, in Pennock v. DialogueSearch
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In Cathcart v. RobinsonSearch
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Kirkpatrick v. GibsonSearch
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same rule has been applied in the state courts in the construction of statutes adopted from other states. Commonwealth v. HartnettSearch
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Tyler v. TylerSearch
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Bloodgood v. GraseySearch
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Marqueze v. CaldwellSearch
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State v. RobeySearch
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of all their demands against the assignor as a condition of preference. The subject was first considered in Clayton v. JohnsonSearch
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of releasing the residue. The latter was thought to be fraudulent and pernicious in its tendencies. In McReynolds v. DedmanSearch
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the assignor's creditors, was to revert to the assignor himself. This case is wholly consistent with that of Clayton v. JohnsonSearch
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In the Page 187 U. S. 49 subsequent case, however, of Collier v. DavisSearch
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Clayton v. JohnsonSearch
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creditors, was held void upon its face. It may be noted that the personnel of the court had changed since Clayton v. JohnsonSearch
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was decided. In the subsequent case of Wolf v. GraySearch
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Ark. 75, decided a few weeks before the act of Congress of 1890, notwithstanding the former overruling of Clayton v. JohnsonSearch
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in Collier v. DavisSearch
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to all other creditors who should execute releases of the residue of their debts. This case was followed by King v. Hargadine-McKittrickSearch
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none alluded to in the opinion. Such objections could not be raised for the first time in this Court. Insurance Co. v. MordecaiSearch
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