Elliott v. Montell
Supreme Court of Delaware
Appeal from Chancery, New. Castle county. Dismissed. By deed dated Oct. 15, 1881, but acknowledged and delivered on Oct. 24, 1881, the-,New .Castle Iron and Steel Company duly assigned, transferred and set over unto Alfrecj.
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Appeal from Chancery, New. Castle county. Dismissed. By deed dated Oct. 15, 1881, but acknowledged and delivered on Oct. 24, 1881, the-,New .Castle Iron and Steel Company duly assigned, transferred and set over unto Alfrecj. S. Elliott, assignee, for benefit of its creditors generally, all the goods, chattels, tools, implements of trade, machinery and effects of whatsoever character and description belonging to it; in trust to sell and dispose of the same and with the money arising therefrom to pay the creditors of said company in full if the assets were sufficient, but if not then to pay the…
1Opinion of the Court
In the court below Saulsbury, Chancellor,
delivered the following opinion:
“It is agreed that on the 24th day of October, 1881, the New Castle Iron and Steel Company, then being indebted to divers persons and firms and among others to Edwin E. Montell, Grubb and .Sons, and Edward S. Davies, made a voluntary assignment of all its effects to Alfred S. Elliott in trust to sell and dispose of the same and to collect and recover all the outstanding claims and debts due the said company, and from the proceeds after deducting his reasonable costs and charges, to pay the creditors of the said company…
2Cases cited5 opinions
- Baltimore & Havre-de-Grace Turnpike Co. v. Northern Central Railway Co.Court of Appeals of Maryland · 1860
- Lammott v. MaulsbyCourt of Appeals of Maryland · 1855
- Carter v. DennisonCourt of Appeals of Maryland · 1848
- Dye v. MontagueWisconsin Supreme Court · 1859
- Carroll v. RichardsonMassachusetts Supreme Judicial Court · 1812
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