52 Kan. 696 | Kan. | 1894
The opinion of the court was delivered by
An assignment for the benefit of creditors having been made, which is still open, can a. creditor who has presented and had allowed in full a claim against the estate which has not been paid maintain an action upon the original claim against' the assignor? No provision of the statute relating to assignments which would preclude or suspend the right of a creditor to recover a personal judgment against the assignor has been brought to our attention, and we find nothing in the nature and effect of such proceedings which would sustain such a claim. The act of assignment
The case of The State v. Insurance Co., 32 Kas. 655, is strongly relied upon to sustain the contention that the allowance by the assignee was a judgment in which was merged the original claim. The decision, however, will not sustain that contention. There, the insurance company had made a general assignment for the benefit of creditors. A creditor presented his claim, but it was disallowed by the assignee. A judgment was obtained upon the original claim in another state, and, subsequently, the creditor attempted to have that
The judgment of the court below will be reversed, and the cause remanded, with instructions to enter judgment in favor of the plaintiff for the unpaid portion of his claim.