Andres v. Morgan
Ohio Supreme Court
Error to the Circuit Court of Jackson County. The suit below was brought by the plaintiff against the defendant, assignee of the Franklin Milling Company, an insolvent corporation, to compel the allowance of a claim held by him against the Company. The claim was for the amount due on a promissory note of $1,000 made January 1, 1896, due six months after date with interest, signed as follows: “Rufus Peters. Franklin Milling Company, “Per J. A. Long.”
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Error to the Circuit Court of Jackson County. The suit below was brought by the plaintiff against the defendant, assignee of the Franklin Milling Company, an insolvent corporation, to compel the allowance of a claim held by him against the Company. The claim was for the amount due on a promissory note of $1,000 made January 1, 1896, due six months after date with interest, signed as follows: “Rufus Peters. Franklin Milling Company, “Per J. A. Long.” It was presented to the assignee and rejected. The gist of the answer is, that it is the note of Peters, and the name of the Company was signed…
1Opinion of the CourtMinshall, J.
The facts disclose that the corporation was formed by the incorporation of the members comprising a partnership. The change was from a partnership to a corporation. The latter took all the property of the partnership. This was accomplished by the members of the firm on the formation of the corporation, transferring their respective interests in the partnership to it, and receiving a like interest in the capital stock of the company in consideration of the transfer. The members of the partnership may be said to have simply put on a new coat. The stock seems to have been divided into interests…
2Cases cited1 opinion
- Broughton v. PensacolaSupreme Court of the United States · 1876
3Cited by34 opinions
- McKee v. Harris-Seybold Co.New Jersey Superior Court Appellate Division · 1970
- Shannon v. Samuel Langston CompanyDistrict Court, W.D. Michigan · 1974
- Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'nMassachusetts Supreme Judicial Court · 1912
- United States v. Beaver Run Coal Co.Court of Appeals for the Third Circuit · 1938
- Barnes v. SmithMontana Supreme Court · 1913
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