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

Ohio Nisi Prius Reports; Decisions of the Courts of Common Pleas and Probate Courts of Ohio, Also 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 download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...was not the owner, and, therefore, the transfers fail. In regard to this argument it may be said that it is true that Mr. Flach was supposed to be the absolute owner of these accounts, and that he was not. But, while this is true, it is also true that, as a partner of Hopple, Flach &!Company, he was an owner, entitled to the right of possession and to transfer the accounts in payment of the debts of Hopple, Flach & Company. And it is also true that both he and the transferees understood that he was transferring them to pay such debts. This latter statement may be denied, and it may be asserted that he was transferring them to pay the debts of Charles H. Flach & Company. But the fallacy in this assertion is apparent, The goods purchased, and the money loaned, which constituted the consideration for the indebtedness, was purchased of, and loaned by such creditors, to Hopple, Flach & Company. The subsequent agreement between Mr. Flach and Mr Hopple, that Mr. Flach would assume the entire liability for these debt, only afiected these two parties. The creditors were no party to the agreement, and never consented to release Mr. Hopple. In other words, notwithstanding the agreement of December 10th, the creditors of Hopple, Flach & Company remained their creditors. The relation of debtor and creditor, which existed between them, was not disturbed. They had no greater and no less rights than before that agreement was made. Mr Flach's agreement to assume a liability for the entire indebtedness did not increase his liability to these creditors. He was liable, as partner for the entire amount before the agreement was made, and remained so liable afterwards. Mr. Flach, individually, was not the debtor of the creditors, nur was Charles H....show more

Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236577132
  • 9781236577139