Collins v. Williamson
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Southern District of Ohio ? Howard C. Hollister, Judge. Suit in equity by Frances H. Williamson against Justus Collins, Eugene Zimmerman, George R. Collins, and the Superior Portland Cement Company. Decree for complainant, and defendants bring error.
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In Error to the District Court of the United States for the Southern District of Ohio ? Howard C. Hollister, Judge. Suit in equity by Frances H. Williamson against Justus Collins, Eugene Zimmerman, George R. Collins, and the Superior Portland Cement Company. Decree for complainant, and defendants bring error. Justus Collins, Eugene Zimmerman, George R. Collins, and the Superior Portland Cement Company (defendants below) appeal from a decree rendered by the District Court in favor of Frances H. Williamson as plaintiff. - The defendant company was organized in 1906, with a capital stock of…
1Opinion of the CourtSater, District Judge
(after-stating the facts as above).
[1] It is not necessary to a decision of this case to determine, as counsel would have us do, whether the company was insolvent at the time the deed of assignment was executed and delivered to Collins, for the reason that a deed duly executed and delivered in trust for the benefit of creditors constitutes an assignment,, whether the assignor be solvent or insolvent. Wambaugh v. N. Y. Mut. L. Ins. Co., 59 Ohio St. 228, 241, 52 N. E. 859; Rockel’s Complete Ohio Prob.. Pr. § 1547; In re Farrell, 176 Fed. 505, 512, 100 C. C. A. 63 (C. C. A. 6).
[2] That the deed…
2Cases cited3 opinions
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
- Powers v. Blue Grass Building & Loan Ass'nU.S. Circuit Court for the District of Kentucky · 1898
- In re FarrellCourt of Appeals for the Sixth Circuit · 1910
3Cited by4 opinions
- Burnrite Coal Briquette Co. v. RiggsSupreme Court of the United States · 1927
- Maxwell v. Enterprise Wall Paper Mfg. Co.Court of Appeals for the Third Circuit · 1942
- Williamson v. CollinsCourt of Appeals for the Sixth Circuit · 1917
- Sweet v. Continental-Leland Corp.Court of Appeals for the Sixth Circuit · 1930