Cohn v. Duntley

This is a suit to reform a written instrument.

Plaintiffs allege that in the month of December, 1931, they were engaged in business in Portland, under the firm name of Cohn Brothers. Finding themselves financially embarrassed, they consulted with their chief creditors and offered to assign all of their individual, joint and partnership property not exempt from execution, provided they would be released from further liability. Thereupon, as a result of such offer and at the request of their creditors, they made such an assignment to one Homer Goehler, as trustee and for the benefit of all of…