Texas Co. v. Seaboard National Bank

Error is prosecuted to this court to reverse a judgment of the common pleas court of Cuyahoga county.' A jury having been waived, the case was tried to the court, and a judgment ren dered in favor of the defendant. The plaintiff company had sold and delivered merchandise to the Wilberite Roofing Company, of which one C. Fisher Hepburn was a large bondholder, a principal stockholder, and president of the company. The company became insolvent, and a receiver was appointed to close up its affairs. Hepburn bought the assets of the company at the receiver’s sale; organized the Hepburn Company, and…