Atkinson & Rollins v. Jordan, Ellis & Co.
Ohio Supreme Court
In chancery, reserved from Hamilton county. The complainants are creditors of Jordan, Ellis & Co. They Rave prosecuted their claim at law, recovered judgment, and taken •out execution, but are unable to find property to satisfy their claim.
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In chancery, reserved from Hamilton county. The complainants are creditors of Jordan, Ellis & Co. They Rave prosecuted their claim at law, recovered judgment, and taken •out execution, but are unable to find property to satisfy their claim. Jordan, Ellis & Co., the debtors, being compelled to stop payment, executed an assignment of all their property to the defondants, Ames, Fessenden, and Bates, in trust for the benefit of their creditors, with authority to sell and apply the proceeds : 1. To defray the expenses of the trust; 2. To pay certain lawyers’fees; 3. To indemnify certain securities…
1Opinion of the Court
Judge Wright
delivered the opinion of the court:
It is claimed that the assigment of Jordan, Ellis & Co. is fraudulent and void. The only objection urged, is to the-clause which: declares it inoperative in favor of any creditor who should not, *267within ninety days, execute the same and release the debtor. The case is without any evidence of fraud in fact, and presents a question of fraud in law, to be established by the force of the instrument.
It is said the genius of the common law opposes itself to every species of fraud; and the most solemn acts, even judicial proceedings, if tinctured with…
2Cases cited9 opinions
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Austin v. BellNew York Supreme Court · 1823
- Ingraham v. WheelerSupreme Court of Connecticut · 1826
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Jones v. DoughertySupreme Court of Georgia · 1851
- McCall v. Hinkley & WoodwardCourt of Appeals of Maryland · 1846
- Brown v. KnoxSupreme Court of Missouri · 1840