Legal Opinion · Dissent

Ogden Paint, Oil & Glass Co. v. Child

Utah Supreme Court

Decided July 27, 1894No. 507Published

Appeal from the District Court of the Fourth Judicial District, Non. James A. Miner, Judge. Bill in equity brought by the Ogden Paint, Oil & Glass Company against Warren G. Child and another in aid of an execution. From a decree for plaintiff, defendants appeal. Cited: McRea v. Bank, 19 How. 376; Hardt v. Ileid-weyer, 152 U. S. 547, 38 L. Ed. 548; Badger v. Badger, 69 TJ. S. 87; Ooden v. Kimmell, 99 U. S. 201, 211; Wood v. Carpenter, 101 TJ.

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Appeal from the District Court of the Fourth Judicial District, Non. James A. Miner, Judge. Bill in equity brought by the Ogden Paint, Oil & Glass Company against Warren G. Child and another in aid of an execution. From a decree for plaintiff, defendants appeal. Cited: McRea v. Bank, 19 How. 376; Hardt v. Ileid-weyer, 152 U. S. 547, 38 L. Ed. 548; Badger v. Badger, 69 TJ. S. 87; Ooden v. Kimmell, 99 U. S. 201, 211; Wood v. Carpenter, 101 TJ. S. 135, 140; Lansdale v. ¿Smith, 106 TJ. S. 391, 394; Hammond v. Hopkins, 143 .TJ- S. 224, 251; Felix v. Patrick, 145 TJ. S. 317, 332; Foster v.…

1DissentBaetoh, J.

It is shown by the record that the appellant Child was director and president of the Consolidated Lumber & Milling Company; that the company was insolvent, and on the 31st day of December, 1891, made an assignment' of' its property for the benefit of its creditors, which assignment Child executed, was a party to it, and was made a. preferred creditor therein; that the Ogden State Bank, also. *487a preferred creditor, held a note against the said company for $4,000, on which note Child was surety; that certain money received by the assignee, because of the assignment, was applied to the payment of…

2Cases cited9 opinions

  1. Pratt v. AdamsNew York Court of Chancery · 1839
  2. Adlum v. YardSupreme Court of Pennsylvania · 1829
  3. Rapalee v. . StewartNew York Court of Appeals · 1863
  4. Hone v. HenriquezCourt for the Trial of Impeachments and Correction of Errors · 1834
  5. Horsey v. ChewCourt of Appeals of Maryland · 1886

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