Weyeth Hardware & Manufacturing Co. v. James-Spencer-Bateman Co.

Bartch, J.:

It appears from tbe complaint in this case that on the 27th day of June, 1896, tbe defendant James-Spencer-Bateman Company, by its board of directors regularly assembled, declared itself insolvent, and unable to further carry on tbe business for which it was incorporated, and by deed of assignment transferred all of its property, both real and personal, to the defendant George H. Horne, as assignee, in trust, for tbe purpose of paying tbe claims of its creditors. In tbe deed of assignment tbe claims of certain creditors are preferred over that of tbe plaintiff and those of other…