426.250. Demand of assignee against assignor, how allowed. - Missouri Statutes

Demand of assignee against assignor, how allowed.

426.250. If the assignee shall have a demand against theassignor, which he desires to have allowed, he may present apetition to the circuit court stating the particulars of hisdemand and the amount thereof, verified by affidavit, andthereupon such court shall appoint some suitable person to acttemporarily as assignee of such estate, for the purpose ofhearing and passing upon such demand. The assignee so appointedshall take an oath that he will faithfully discharge the trustconfided to him, and shall proceed to examine the claim, and ifthe same shall be found to be correct, in whole or in part, heshall allow the amount found to be due, and report his action inpremises 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 bepaid to the claimant as other allowances are paid, and appealsshall be allowed from the decision of such temporary assignee asin other cases provided for in this chapter.

(RSMo 1939 § 5763; A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 5653; 1919 § 649; 1909 § 922

Effective 1-2-79