Ashmead's Appeal from Probate
Supreme Court of Connecticut
Appeal to the superior court from a probate decree ordering distribution of the funds of the insolvent estate of the Grove Car Works, in the hands of the trustee, among the creditors of the estate.
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Appeal to the superior court from a probate decree ordering distribution of the funds of the insolvent estate of the Grove Car Works, in the hands of the trustee, among the creditors of the estate. The principal facts of this case are stated in the report of Waterman’s Appeal from Probate, 26 Conn., 97. It was determined in that case that the debts originally due from Fales & Gray, and which the corporation undertook to assume, were legally assumed by the latter, and constituted claims properly allowable by the commissioners against the insolvent estate of the corporation. The amount of the…
1Opinion of the Court
'Ellsworth, J.
The controversy in this ease is among the creditors of the Grove Car Works, as to the proper distribution of the assets of the corporation in the hands of the general assignee. The court of probate decided that it had itself jurisdiction of the matter, and ought to allow a preference in behalf of those creditors who became such in the progress of the business of the company after its incorporation, to such as were creditors of Fales & Gray before the corporation had an existence, and became creditors of the company by its assumption of these debts afterwards.
We do not see any…
2Cases cited3 opinions
- Waterman Appeal from ProbateSupreme Court of Connecticut · 1857
- Hotchkiss v. BeachSupreme Court of Connecticut · 1834
- Peck v. HarrisonSupreme Court of Connecticut · 1854
3Cited by5 opinions
- Hayward v. PlantSupreme Court of Connecticut · 1923
- Roth v. RavichSupreme Court of Connecticut · 1930
- Lamkin v. Baldwin & Lamkin Manufacturing Co.Supreme Court of Connecticut · 1899
- Calhoun v. RichardsonSupreme Court of Connecticut · 1861
- Vail's Appeal from ProbateSupreme Court of Connecticut · 1870