§ 426.250 — Demand of assignee against assignor, how allowed.

Missouri § 426.250

• Jurisdiction: Missouri
• Title XXVII: DEBTOR-CREDITOR RELATIONS
• Ch. 426: Assignment for Benefit of Creditors

Text

If the assignee shall have a demand against the assignor, which he desires to have allowed, he may present a petition to the circuit court stating the particulars of his demand and the amount thereof, verified by affidavit, and thereupon such court shall appoint some suitable person to act temporarily as assignee of such estate, for the purpose of hearing and passing upon such demand.  The assignee so appointed shall take an oath that he will faithfully discharge the trust confided to him, and shall proceed to examine the claim, and if the same shall be found to be correct, in whole or in part, he shall allow the amount found to be due, and report his action in premises to the proper court, at a date to be fixed by the judge; and the court shall make an order directing the sum allowed to be paid to the claimant as other allowances are paid, and appeals shall be allowed from the decision of such temporary assignee as in other cases provided for in this chapter.

Legislative History

(RSMo 1939 § 5763; A.L. 1978 H.B. 1634) Prior revisions: 1929 § 5653; 1919 § 649; 1909 § 922 Effective 1-02-79