Legal Opinion

In re Walker

Supreme Court of Minnesota

Decided July 21, 1887PublishedCited by 5 opinions

Appeal by Maurice Auerbach and others from an order of the district court for Bamsey county, ¡Simons, J., presiding, denying their petition for the appointment of a receiver of the insolvents Walker, Judd & Yeazie, upon the ground that the petitioners are not creditors of the insolvents.

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Appeal by Maurice Auerbach and others from an order of the district court for Bamsey county, ¡Simons, J., presiding, denying their petition for the appointment of a receiver of the insolvents Walker, Judd & Yeazie, upon the ground that the petitioners are not creditors of the insolvents. It was admitted upon the hearing that the petitioners had been creditors of the insolvents, and that they still continue to be such unless the releases filed by them in the void insolvency proceedings considered in May v. Walker, 35 Minn. 194, extinguished their claims. The petitioners joined Morgan May as a…

1Opinion of the Court

Mitchell, J.1

In December, 1884, the firm of Walker, Judd & Veazie, being insolvent, made what purported and was ini ended to be an assignment for the benefit of creditors, under the provisions of chapter 148, Laws 1881, known as the “Insolvent Law.” The as-signee entered upon the execution of his duties, took possession of the assigned property, converted it into money, and disbursed it all, except some $15,000, in payment of dividends to those creditors who had proved their claims, and filed releases, in accordance with the provisions of the statute. Most of the creditors, including the…

2Cases cited2 opinions

  1. May v. WalkerSupreme Court of Minnesota · 1886
  2. National German-American Bank v. WilderSupreme Court of Minnesota · 1886

3Cited by5 opinions

  1. Devore v. LeeSupreme Court of Florida · 1947
  2. Boynton Furnace Co. v. SorensenWisconsin Supreme Court · 1891
  3. Horton v. SeymourSupreme Court of Minnesota · 1901
  4. Olson v. O'BrienSupreme Court of Minnesota · 1891
  5. Megins v. ParySupreme Court of Minnesota · 1898

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