Ohio Nisi Prius and General Term Reports; Decisions of the Courts of Commmon Pleas and Probate Courts of Ohio, and of the Superior Court of Cincinnati at General and Special Terms Volume 1

Ohio Nisi Prius and General Term Reports; Decisions of the Courts of Commmon Pleas and Probate Courts of Ohio, and of the Superior Court of Cincinnati at General and Special Terms Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...Ellzfs, 2 Disne Y, 286; Bates on Partnership, sections 406, 408; Mabbetf v. White, 12 N. 442; Burrill on Assignments, page 68, note 2. But whatever doubt may be entertained as to this last proposition, it seems to me that, under circumstances such as are present in this case, where one of the partners is dangerously sick, and it is impossible to consult him, and an emergency has arisen in the business which requires action, that one partner has the right to pay such firm debts as he prefers with the stock in trade or the book accounts. Objection is made to this course, that it gives a preference to some creditors over others, and thus violates the maxim of equity that "Equity is Equality." It cannot see any force in this objection. In the case of Cross, trustee v. 0(t7'eZ6I1-8, 49 Ohio St. 569, our Supreme ('ourt said, with reference to the right of an insolvent firm to give certain creditors a preference: "In the many decisions upon the general subject, from Atlcinsrm v. Jordan, to its last deliverance upon the question, (save in the overruled case of Mitchell v. Grrzzam, 12 Ohio, 315), this court has not omitted to aflirm the right of a debtor, in failing circumstances, in good faith, to pay or secure one or more creditorsin preference to others. (Citing authorities). From an examination of these decisions it will appear clear, if decisions can establish anything, that it is established beyond question that however equitable it may seem to require the assets of an insolvent debtor to be distributed pro ruta among his creditors, our statute fails to make compulsory provision for that end. But, on the contrary, it permits preferences ifmade in good faith, though but little be left, or nothing at all be...show more

Product details

  • Paperback | 270 pages
  • 189 x 246 x 14mm | 485g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236876962
  • 9781236876966