Fidelity Trust Co. v. Federal Trust Co.

Lane, A7. G.

(after submission of briefs).

First. Does the relationship of creditor and debtor exist as between J. H. Halsejr & Smith and the Newark Advertiser Company? I have not changed my mind that the original intent was that J. H. Halsey & Smith should advance the moneys that it did to James Smith, Jr., and that James Smith, Jr., should advance them to the Newark Advertiser Company, and that no express contract relation existed between the two corporations. It is now said that the relation of creditor and debtor exists by reason of the fact that J. H. Halsey & Smith was without an-' *552tliorit…