F. H. Roberts Co. v. Hopkins, Inc.

This is a bill to reach and apply assets formerly of Hopkins, Inc., assigned by that corporation to the other defendants as trustees by a general assignment for the benefit of the corporation’s creditors made on May 21, 1934. The plaintiff was a then existing creditor of Hopkins, Inc. The assignment provided for the ultimate distribution of the assets among assenting creditors and that such creditors released their claims against the debtor.

The assets consisted of fixtures, equipment and food supplies in a restaurant operated by the assignor. By the terms of the assignment one of the purposes…