Ferchen v. Arndt
Oregon Supreme Court
Appeal from Clatsop: Thos. A. McBride, Judge. This is a suit to establish a preference and a lien upon the assets of the partnership of Arndt & Ferchen, in the hands of B. W. Robinson as receiver, for certain moneys alleged to have been received in trust by said firm.
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Appeal from Clatsop: Thos. A. McBride, Judge. This is a suit to establish a preference and a lien upon the assets of the partnership of Arndt & Ferchen, in the hands of B. W. Robinson as receiver, for certain moneys alleged to have been received in trust by said firm. The facts are substantially these: The plaintiff and defendant were partners engaged in the foundry business under the firm name of Arndt & Ferchen, and, not being able to agree in regard to the management of the business, the plaintiff instituted a suit praying for an accounting, and for a dissolution of the partnership, and…
1Opinion of the Court
Opinion by
Mr. Chief Justice Lord.
The facts show that if the claim of the Bliss Company is preferred it will absorb the entire assets of the firm, leaving nothing for its other creditors. The case is rendered important by the nature of the question involved, and the number of other cases dependent upon its decision. Upon the admitted facts there is no pretense that the money derived from the sale of the interventor’s goods forms any part of the fund now awaiting distribution at the hands of the court. It is conceded that the money so collected has been appropriated to the payment of debts, the…
2Cases cited20 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Peters v. BainSupreme Court of the United States · 1890
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Holmes v. . GilmanNew York Court of Appeals · 1893
- McLeod v. EvansWisconsin Supreme Court · 1886
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3Cited by29 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Bank Commissioners v. Security Trust Co.Supreme Court of New Hampshire · 1900
- In re MulliganDistrict Court, D. Massachusetts · 1902
- Ober & Sons Co. v. CochranSupreme Court of Georgia · 1903
- Shute v. HinmanOregon Supreme Court · 1899
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