Legal Opinion

Quimby v. Uhl

Michigan Supreme Court

Decided March 26, 1902No. Docket No. 63PublishedCited by 13 opinions

Appeal from Kent; Wolcott, J. Bill by EmelineK. Quimby, EthelynG. Quimby, Clara S. Morley) Walter W. Drew, as administrator of the estate of Ichabod L. Quimby, deceased, and Clara S. Morley, as administratrix de bonis non of the estate of George I. Quimby, deceased, against Edwin F. Uhl, individually andas assignee of Ichabod L. Quimby, and Raymond L. Quimby and Irving L. Quimby, for a receiver and an accounting. There was a decree for defendants, and complainants appealed.

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Appeal from Kent; Wolcott, J. Bill by EmelineK. Quimby, EthelynG. Quimby, Clara S. Morley) Walter W. Drew, as administrator of the estate of Ichabod L. Quimby, deceased, and Clara S. Morley, as administratrix de bonis non of the estate of George I. Quimby, deceased, against Edwin F. Uhl, individually andas assignee of Ichabod L. Quimby, and Raymond L. Quimby and Irving L. Quimby, for a receiver and an accounting. There was a decree for defendants, and complainants appealed. Defendant Uhl having died, his executrix, Alice F. Uhl, was substituted as defendant. In August, 1879, the defendant Uhl…

1Opinion of the CourtGrant, J.

(after stating the facts). if he above opin*211ion so completely covers the case that little else need be said. Mr. Uhl, upon the execution of the assignment and its acceptance by him, became the trustee for the creditors •and Mr. Ichabod L. Quimby. As such it was his duty to ■dispose of the property, páy the debts, and, if anything remained, turn it over to Mr. Quimby. Under common-law assignments, the assignee has no right to continue to carry on a business without the authority of a court in chancery, or the assent of the creditors and the assignor. In this case both the assignor and the…

2Cases cited9 opinions

  1. Hoyt v. SpragueSupreme Court of the United States · 1881
  2. Toms v. WilliamsMichigan Supreme Court · 1879
  3. Barton v. GrayMichigan Supreme Court · 1885
  4. Heyn v. O'HagenMichigan Supreme Court · 1886
  5. Poole v. MundayMassachusetts Supreme Judicial Court · 1869

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Lawrence v. First National Bank & Trust Co.Michigan Supreme Court · 1934
  2. Baxter v. Union Industrial Trust & Savings BankMichigan Supreme Court · 1935
  3. Meier v. Union Trust Co., Exr.Indiana Court of Appeals · 1931
  4. In Re Guardianship of MeindersSupreme Court of Iowa · 1936
  5. Mann v. DayMichigan Supreme Court · 1917

8 more not listed; retrieve them via the Exa API.

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