Noyes v. Chapman-Drake Co.
Noyes v. Chapman-Drake Co.
Opinion of the Court
The defendant was indebted to plaintiffs on a book account in a sum' in excess of $500, and either in part payment of this indebtedness, or as collateral security therefor, indorsed to plaintiffs the promissory note of a third party for $500. Thereafter, and before the payment of said note, the defendant became insolvent, and entered into a composition agreement with certain of its creditors, including plaintiffs. The agreement purports to be made by the “general creditors” of defendant corporation, recites that it is financially insolvent, and that it is for the best interest of the “general creditors” of defendant to have its business continued under a reorganization to be by them effected, and provides: ‘Now, therefore, we, the undersigned general creditors, do hereby agree to take such preferred stock when the reorganization is effected, to the amount of our respective claims, such amount being set opposite our respective signatures.” The plaintiffs signed this agreement, and placed opposite their signatures the sum of $519.14, being the balance of said indebtedness due them after deducting the amount of said promissory note. The agreement was executed by other creditors for the total amount of $60,000. Thereafter the plaintiffs brought this action against defendant on its said indorsement. The making of the composition agreement was set up as a defense, but the trial court found for plaintiffs, and from the judgment entered therein defendant appeals. We are of the opinion that the judgment should be affirmed. The composition agreement was made by the “general creditors,” and as to the claim in suit the plaintiffs were not “general creditors,” but “secured creditors.”
It is urged by appellant that, while the agreement purports to be signed by the general creditors, they, by its terms, agree to take preferred stock “to the amount of our respective claims,” and that this
The judgment appealed from is affirmed.
Reference
- Full Case Name
- DANIEL R. NOYES and Others v. CHAPMAN-DRAKE COMPANY
- Cited By
- 1 case
- Status
- Published