Legal Opinion

Covert v. Rogers

Michigan Supreme Court

Decided February 1, 1878PublishedCited by 12 opinions

Error to Ionia. Trover by Rogers against the plaintiffs in error for the seizure and conversion of a quantity of lumber and logs. Rogers was assignee for the benefit of the creditors of the Hubbardston Lumber Company, to which corporation the property had belonged, and the defendants claimed it under an attachment sued out by part of them as creditors of the company. Defendants bring error.

1Opinion of the CourtMarston, J.

It must be considered as settled by the clear and undoubted weight of authority, that an insolvent corporation has the right to make a general assign-ment of its property for the benefit of its creditors, unless prohibited by its charter or a statute of the State, nor can such an assignment be held void in this State, because opposed to the policy of our statutes relating to proceedings in chancery against corporations, or providing for their voluntary dissolution. Town v. Bank of River *366Raisin, 2 Doug. (Mich.), 530; Burrill on Assignments, 602 et seq.

The specific objections made to the…

2Cases cited2 opinions

  1. City of Cincinnati v. RiceOhio Supreme Court · 1846
  2. Phœnix Insurance v. AllenMichigan Supreme Court · 1863

3Cited by12 opinions

  1. Doyle v. MiznerMichigan Supreme Court · 1879
  2. Wright v. LeeSouth Dakota Supreme Court · 1892
  3. Gould v. Little Rock, M. R. & T. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1892
  4. Broughton v. JonesMichigan Supreme Court · 1899
  5. Doernbecher v. Columbia City Lumber Co.Oregon Supreme Court · 1892

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