Legal Opinion
Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.
Texas Supreme Court
Decided November 16, 1893No. 23PublishedCited by 88 opinions
Certified Questions from Court of Civil Appeals for Second District, in an appeal from Lamar County.
1Opinion of the Court
STAYTON, Chief Justice.
The questions submitted by the Court of Civil Appeals for decision are:
“ 1. Whether or not a preferential deed of trust executed by a private trading corporation (chartered in July, 1884, under general law), after it has become insolvent, and consequently ceased to carry on its business, without any intention of resuming the enterprise, is void as against the unsecured creditors of such corporation ?
“2. If a private corporation, under such circumstances, has the same power to prefer its creditors as an individual, whether such preferential deed is void in law because of…
2Cases cited23 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Scovill v. ThayerSupreme Court of the United States · 1882
- Sanger v. UptonSupreme Court of the United States · 1875
- Sawyer v. HoagSupreme Court of the United States · 1873
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
18 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Hunter v. Fort Worth Capital Corp.Texas Supreme Court · 1981
- State v. DyerTexas Supreme Court · 1947
- Tigrett v. PointerCourt of Appeals of Texas · 1978
- R. M. Waggoner v. Herring-Showers Lbr. Co.Texas Supreme Court · 1931
- Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.Texas Supreme Court · 1895
83 more not listed; retrieve them via the Exa API.