Grant v. Crowell

Decision Date14 April 1887
Citation9 A. 201,42 N.J.E. 524
PartiesGRANT, Jr., Assignee, etc., v. CROWELL.
CourtNew Jersey Court of Chancery

Bill for relief. On general demurrer.

F. M. Olds and H. K. Coddington, for demurrant.

W. G. Cumming, for complainant.

RUNYON, Ch. The bill states that the complainant is assignee of David Thompson, under an assignment made by him for the equal benefit of his creditors, under the act "to secure to creditors an equal and just division of the estates of debtors who convey to assignees for the benefit of creditors;" that, as such assignee, he has given the bond required by the statute; that Thompson carried on business under the name of Bolles Bros. from about May 2, 1881, to the tenth of July, 1886; that in some way the business of the Bolles Export Company was, on or about March 7, 1883, added to that which up to that time had been carried oh under the name of Bolles Bros.; that, by entries on the books of Thompson, it appears that the defendant contributed all of the capital invested in the business of the Bolles Export Company except three dollars, and that he virtually owned that branch of the business; that on or about September 14, 1883, another business, that of manufacturing and selling perfumery extracts, was added to the branches which were then carried on, the capital for which lastmentioned branch appears by Thompson's books to have been furnished by the defendant; that on or about the first day of November, 1884, still another branch, the manufacture of sarsaparilla powder, was added, the right to manufacture wherein was, as appears by those books, bought with the defendant's note; that on or about the eighth of October, 1883, the manufacture of a certain oil was added, one-half of the cost of the right to manufacture which was, according to the books, paid for by the defendant, and the other half by Thompson; that it appears by the books that the defendant, from time to time, between September 14, 1883, and June 30, 1885, contributed to the business carried on under the name of Bolles Bros, divers other sums of money, and at different times during that period drew out of the business considerable sums; that on or about June 30, 1885, a very considerable quantity of the stock of that concern was burned, and that of the insurance money there was paid to the defendant the sum of $7,714.07, as appears by the beforementioned books; that the defendant appears by the books to have drawn from the business divers large sums of money (about $1,700 in the aggregate) for interest upon alleged advances and loans claimed to have been made to the concern by him before February, 1886; that he continued to pay into and draw out money from the concern up to some time in June, 1886, and that, when the beforementioned money was drawn out by him for interest, the concern was insolvent; that it appears from the inventory annexed to the deed of assignment that the assets of the concern amounted nominally to the sum of $10,946.93, and that the amount due creditors was $11,853.90, exclusive of $5,500 therein stated to be due to...

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2 cases
  • Hasbrouck v. LaFebre
    • United States
    • Wyoming Supreme Court
    • October 13, 1915
    ...38 N. J. Eq. 287; Receiver v. Spielman, 50 N. J. Eq. 120, 24 A. 571; Wumpheimer v. Perine (N. J.), 47 A. 769, 50 A. 356; Grant v. Crowell, 42 N. J. Eq. 524, 9 A. 201; Schaller v. Wright, 70 Ia. 667, 28 N.W. Estbrook v. Messersmith, 18 Wis. 545; Flower v. Cornish, 25 Minn. 473; Chapin v. Jen......
  • Walton v. Eby
    • United States
    • Kansas Supreme Court
    • April 7, 1894
    ... ... Jenkins, supra, see Selbert v. Milligan ... (Ind. Sup.) 10 N.E. 929; Cooper v. Perdue (Ind ... Sup.) 16 N.E. 141; Grant v. Crowell (N.J. Ch.) 9 A ... 201. The judgment in each of the cases sustaining the ... demurrer to the petition will be overruled, and the causes ... ...

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