Simmons Hardware Co. v. Rhodes

POLLOCK, District Judge.

The record in this ease brings before this court for review this questionWhat is the legal effect of a written trust agreement of general assignment of all the property of a debtor for the benefit of creditors; said assignment being conditioned by a parol contemporaneous agreement that the debtor is to have all its debts absolutely satisfied and extinguished as a consideration for the making of the assignment ?

This question came into this litigation by way of an amendment to the answer, and is pleaded in this language: “The facts are, as the plaintiff well knows, that…