Brinkerhoff v. Tracy
Ohio Supreme Court
Error to the Circuit Court of Richland county. The suit below was brought by Philopena L. Harrison, to recover damages from the defendants for the breach of contract, set forth in the petition. The defendants demurred to the. petition. The demurrer was sustained by the common pleas; but, on error, was overruled by "the circuit court, and the case is brought here for a reversal of the latter court.
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Error to the Circuit Court of Richland county. The suit below was brought by Philopena L. Harrison, to recover damages from the defendants for the breach of contract, set forth in the petition. The defendants demurred to the. petition. The demurrer was sustained by the common pleas; but, on error, was overruled by "the circuit court, and the case is brought here for a reversal of the latter court. The petition is as follows: “That the defendant, Roeliff Brinkerhoff, did on the 5th day of January, 1891, acting for himself • and as the agent of the defendant, The Mansfield Savings Bank, enter…
1Opinion of the CourtMinshall, J.
The point made on the demurrer is that the agreement for the breach of which the action is brought, was made to hinder and delay creditors, and no action will lie for the breach of it. There is no averment in the petition from which it can be inferred that it was made in con-*570temptation of insolvency. If that were so, then there is no question but that under section 6343, Revised Statutes, it would have inured to the benefit of all the plaintiff’s creditors; and the only remedy she would have had, in such a case, would have been to have caused it to be administered, by the appointment of a…
2Cases cited3 opinions
- Dickson v. L. & S. RawsonOhio Supreme Court · 1855
- McCortle v. BatesOhio Supreme Court · 1876
- Kemp v. WalkerOhio Supreme Court · 1847