United States Supreme Court Cases & Opinions

U.S. Supreme Court

Estes v. Gunter, 121 U.S. 183 (1887)

Estes v. Gunter

Submitted March 28, 1887

Decided April 4, 1887

121 U.S. 183

Syllabus

G, being embarrassed, assigned his property, amounting in value to more than $5,000, to S for the benefit of his creditors, with preferences in favor of E to the amount of $10,000. B, an unpreferred creditor, sued out a writ of attachment for $3,000, which was followed by similar writs on behalf of other creditors. E filed a bill in equity against G and S and B, and other attaching creditors, to enjoin a sale under the attachments and to have the assignment declared valid, but during the progress of the suit dismissed the suit as to the other attaching creditors. The bill was dismissed on the ground that the assignment was made to hinder and delay creditors. E appealed to this Court. On a motion to dismiss on the ground that the claim of B was not sufficient to give this Court jurisdiction. Held that the court had jurisdiction, the suit being brought not simply to defeat B's attachment, but to establish the assignment and make it available for E's benefit.

Motion to dismiss. The case is stated in the opinion of the

Court.