Dickson v. L. & S. Rawson
Ohio Supreme Court
In Chancery. Reserved in Stark county. The complainants, as judgment creditors of Brobst & Rudy, seek by their bill to charge L. & S. Rawson, "Woodbury, Avery & Co., and J. R. Cecil & Co., as trustees for the benefit of all the creditors of Brobst & Rudy, under the provisions of the third section of the amendment of March 14, 1838, to the chancery practice act.
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In Chancery. Reserved in Stark county. The complainants, as judgment creditors of Brobst & Rudy, seek by their bill to charge L. & S. Rawson, "Woodbury, Avery & Co., and J. R. Cecil & Co., as trustees for the benefit of all the creditors of Brobst & Rudy, under the provisions of the third section of the amendment of March 14, 1838, to the chancery practice act. Swan’s Stat., ed. 1841, 717. The material facts are the following: On the 6th day of September, 1850, Brobst & Rudy, insolvent debtors, and in contemplation of insolvency, made an assignment, of which the following is a copy : “…
1Opinion of the CourtRanney, C. J.
In the carefully considered cases of Doremus v. O'Harra, and Atkinson v. Tomlinson, 1 Ohio St. Rep. 45, 241; as well as in Bloom v. Noggle, and Harkrader v. Leiby, 4 *222Ohio St. Rep. 45, 602, the extent, operation, and proper construction of the act of March 14, 1838, relating to the assignment of property by insolvent debtors, in trust, with the design of preferring some creditors to the exclusion of others, were fully discussed, and the conclusions of this court have been explicitly stated.
It is only necessary now to repeat, that the act does not extend to, or in any way affect, conveyances or…
2Cited by24 opinions
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- Fecheimer v. RobertsonSupreme Court of Arkansas · 1890
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