Pendery v. Allen
Ohio Supreme Court
Error to the Circuit Court of Hamilton county. 'The original action was commenced in the Court of Common Pleas of Hamilton county by Israel H. Pendery against A. C. Allen, E. P. Allen, Eowe Emerson and others, under section 6344, Revised Statutes, to set aside certain conveyances, alleged to be fraudulent, made by the Allens to certain of their creditors.
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Error to the Circuit Court of Hamilton county. 'The original action was commenced in the Court of Common Pleas of Hamilton county by Israel H. Pendery against A. C. Allen, E. P. Allen, Eowe Emerson and others, under section 6344, Revised Statutes, to set aside certain conveyances, alleged to be fraudulent, made by the Allens to certain of their creditors. Judgment was rendered for the defendants, dismissing the petition, and an appeal was taken to the circuit court; where the case was again heard upon the merits and the petition dismissed. Among the conveyances claimed to be fraudulent, was a…
1Opinion of the CourtMinsharr, J.
The mortgage from Edward P. Allen to Emerson, having been made in contemplation of insolvency, the question is, whether, within the meaning of section 6348, Revised Statutes, it should be held to be an assignment to Emerson in trust to secure the claim of the bank as well as his own liability as surety of the Allens. .We think that such was its character, and that the court erred in dismissing the petition as amended. That an assignment in trust for the benefit of one or more creditors of an insolvent debtor may *129be made b}' the execution of a mortgage, is settled by the decisions of this…
2Cases cited8 opinions
- Curtis v. TylerNew York Court of Chancery · 1842
- Vail v. . FosterNew York Court of Appeals · 1850
- Dickson v. L. & S. RawsonOhio Supreme Court · 1855
- Chamberlain v. St. Paul & Sioux City RailroadSupreme Court of the United States · 1876
- Paris v. HulettSupreme Court of Vermont · 1854
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