Lloyd v. Wagner
Court of Appeals of Kentucky
Cask 110 — PETITION EQUITY I. The coupons in the possession of Lloyd, trustee, are secured by the mortgage upon the real estate of .the Swift’s Iron and Steel Works. (4 Am'. & Eng. Enc. of Law, pp. 440, 442 ; Cameron v. Tome, 24 Am. & Eng. Railroad Cases, 203 ; Virginia v. Ches. & Ohio Canal Co., 32 Md., 501; Harbeck v. Vanderbilt, 20 N. Y., 388; Robinson v. Leavitt, 7 N. H., 100; James v. Johnson, 6 Johns.
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Cask 110 — PETITION EQUITY I. The coupons in the possession of Lloyd, trustee, are secured by the mortgage upon the real estate of .the Swift’s Iron and Steel Works. (4 Am'. & Eng. Enc. of Law, pp. 440, 442 ; Cameron v. Tome, 24 Am. & Eng. Railroad Cases, 203 ; Virginia v. Ches. & Ohio Canal Co., 32 Md., 501; Harbeck v. Vanderbilt, 20 N. Y., 388; Robinson v. Leavitt, 7 N. H., 100; James v. Johnson, 6 Johns. Ch. (N. Y.), 425; Union Trust Co. v. Monticello, &c., R. Co., 63 N. Y., 313.) 3.Although Harper was president of the company there was no law prohibiting him from purchasing these coupons…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
Edward Harper, on the 21st of June, 1887, then living in the State of Ohio, in the city of Cincinnati, made an individual assignment of all of his estate for the benefit of creditors. The assignee appointed by the deed declined to act and resigned, when the present appellant, Harlan P. Lloyd, qualified in his stead, having all the rights and powers of the original trustee.
On the same day the corporation known as the Swift’s Iron and Steel Works made an assignment for the benefit of its creditors to one Adam Wagner, who qualified and took charge of…
2Cases cited1 opinion
- Ketchum v. DuncanSupreme Court of the United States · 1878
3Cited by3 opinions
- United Water Works Co. v. Farmers' Loan & Trust Co.Colorado Court of Appeals · 1898
- Napper v. Mutual Life InsuranceCourt of Appeals of Kentucky · 1899
- United Water Works Co. v. Farmers' Loan & Trust Co.Colorado Court of Appeals · 1898