Reports of the Cases Decided in the Appellate Court of Indiana Volume 30
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. 1903 edition. Excerpt: ...cross-complaint, consisting of three paragraphs. The trial court sustained a demurrer to the first paragraph of this answer. It was averred in the second paragraph that the assignment of the accounts to Eacock, trustee, was executed by the president and secretary of said corporation; that the same was done Without any authority, and was never authorized or ratified by the stockholders or directors of said corporation; that nearly all of said accounts so attempted to be assigned had, prior to said attempted assignment, been pledged by the prior mortgage to said Levering, which had been executed by and through an express. resolution of the board of directors of said company. The third paragraph of said answer was a general denial. Appellants filed a reply to the second paragraph of appellees' answer, averring that the president and secretary had, on many occasions prior to the execution of the said assignment in question, assigned accounts and choses in action belonging to said corporation as security for its debts, with the knowledge and consent of its stockholders and directors. There was a trial by the court. There was a general finding for appellees. The judgment was that the deed of assignment to Eacock, trustee, should be set aside and declared void, except as to such accounts therein embraced as were in existence prior to the execution of the chattel mortgage to said Levering, and that said Eacock, as receiver of said corporation, should inventory and account for all such accounts as were held not to be transferred by the assignment aforesaid. Appellees have not assigned cross-errors, so that the judgment of the court upholding the validity of the trust deed assigning to Eacock the accounts not covered by the Levering mortgage...
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- 13 Sep 2013
- Illustrations, black and white