Comingor v. Louisville Trust Co.
Court of Appeals of Kentucky
CASE 68. — PROCEEDINGS BY L. COMINGOR, ASSIGNEE OF SIMONSON, WHITESON &. CO., FOR A SETTLEMENT OF THE ESTATE IN WHICH THE LOUISVILLE TRUST CO; FILED A CROSS-PETITION.— Appeal from Jefferson Circuit Court; Chancery Branch (Second Division). Samuel B. Kirby, Judge.
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CASE 68. — PROCEEDINGS BY L. COMINGOR, ASSIGNEE OF SIMONSON, WHITESON &. CO., FOR A SETTLEMENT OF THE ESTATE IN WHICH THE LOUISVILLE TRUST CO; FILED A CROSS-PETITION.— Appeal from Jefferson Circuit Court; Chancery Branch (Second Division). Samuel B. Kirby, Judge. From the judgment both parties appeal — We shall argue earnestly and confidently. 1. That the proceeding at every stép is vitiated by errors of law, principal among which are: (a) The trustee in bankruptcy has no authority to maintain this action. (b) The assignee settled his accounts before the referee in bankruptcy who alone had…
1Opinion of the Court
Opinion of the Court.by
Judge Settle
Affirming.
On December 5, 1898, tbe firm of Simonson, Whitetson & C'o., composed of D. Gr. Simonson, I. Whiteson, and Leo Stern, conducting a mercantile business in tbe city of Louisville in a house known as tbe “Mammoth,” made a deed of assignment to their bookkeeper, tbe appellant, L. Comingor, conveying him for *701the benefit of their creditors the stock of merchandise and-fixtures in the Mammoth store. The latter at once accepted the trust, executed bond with approved security, and duly qualified as such trustee, thereby undertaking to perform in a legal…
2Cases cited6 opinions
- Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
- O'Connor v. Henderson Bridge Co.Court of Appeals of Kentucky · 1894
- Marande v. Texas & Pacific Railway Co.Supreme Court of the United States · 1902
- Carder v. WeisenburghCourt of Appeals of Kentucky · 1893
- Reese's Admr. v. YoutseyCourt of Appeals of Kentucky · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Richardson v. Blue Grass Mining Co.District Court, E.D. Kentucky · 1939
- Bryan v. Security Trust Co.Court of Appeals of Kentucky (pre-1976) · 1943
- Stearns Coal & Lumber Co. v. CommonwealthCourt of Appeals of Kentucky · 1915
- Rieger v. Schulte & EicherCourt of Appeals of Kentucky · 1912
9 more not listed; retrieve them via the Exa API.