Adamson v. Cheney
Supreme Court of Minnesota
On November 15, 1884, the firm of Hussey & Oo. made an assignment in insolvency to defendant. Among the insolvent’s creditors was one Schaefer, whose claim, amounting to $65, was proved and allowed in full, $50 thereof being allowed as a preferred claim. After-wards, and on January 7, 1885, Schaefer assigned the claim to plaintiff, and on the same day notice of the assignment was given to and accepted by defendant.
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On November 15, 1884, the firm of Hussey & Oo. made an assignment in insolvency to defendant. Among the insolvent’s creditors was one Schaefer, whose claim, amounting to $65, was proved and allowed in full, $50 thereof being allowed as a preferred claim. After-wards, and on January 7, 1885, Schaefer assigned the claim to plaintiff, and on the same day notice of the assignment was given to and accepted by defendant. On April 17, 1885, defendant obtained from the district court an order limiting the time for filing claims and releases to May 9th, and directing that a copy of the order be mailed…
1Opinion of the CourtBerry, J.
One in whose favor a claim for indebtedness against an insolvent is filed and allowed, is, under our insolvent act, (Laws 1881, c. 148,) as respects such claim, the creditor, and the only creditor in the meaning and intent of that act. This seems to us to be clear from a general reading of the insolvent act, and of chapter 41, Gen. St. 1878, which is, so far as applicable, imported into it; and, what is particularly significant in this particular case, it is clearly infer-able from section 10 of chapter 148, which provides that “no creditor of any insolvent debtor shall receive any benefit…
2Cited by2 opinions
- In re NicolinSupreme Court of Minnesota · 1893
- W. W. Kimball Co. v. CoonSupreme Court of Minnesota · 1890