Thomas Manufacturing Co. v. Foote
Supreme Court of Minnesota
Action brought in the district court for Big Stone county, to recover possession of 17 horse hay-rakes, made by plaintiff, of the alleged-value of $380, of which the plaintiff alleged itself to be “the owner and entitled to the immediate possession.”
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Action brought in the district court for Big Stone county, to recover possession of 17 horse hay-rakes, made by plaintiff, of the alleged-value of $380, of which the plaintiff alleged itself to be “the owner and entitled to the immediate possession.” The answer alleged that on October 24,1889, the rakes were the sole and absolute property of one Boyington, who on that day, being insolvent, made a general assignment for creditors to one Van Bogart, the assignment being filed the sainé day; that afterwards Van Bogart was removed, and defendant was appointed assignee in his place, and duly…
1Opinion of the CourtCollins, J.
The conditional contract entered into between this plaintiff and Boyington, of date April 25, 1889, not having been filed in the office of the clerk of the town in which Boyington resided, as required by Laws 1883, c. 38, § 2, amended, Laws 1885, c. 76, § 1, was absolutely void as to those creditors not having actual notice of the state of the title, when Boyington made the assignment under the insolvency act of 1881, October 24, 1889, at which time their rights attached to the property in dispute. Gen. St. 1878, c. 39, § 15; Dyer v. Thorstad, 35 Minn. 534 (29 N. W. Rep. 345.) The plaintiff,…
2Cases cited3 opinions
- Merrill v. ResslerSupreme Court of Minnesota · 1887
- Dyer v. ThorstadSupreme Court of Minnesota · 1886
- McCarthy v. GraceSupreme Court of Minnesota · 1876
3Cited by5 opinions
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
- Shay v. Security BankSupreme Court of Minnesota · 1897
- Rossman v. MitchellSupreme Court of Minnesota · 1898
- Kellogg v. KelleySupreme Court of Minnesota · 1897
- Thomas Manufacturing Co. v. DrewSupreme Court of Minnesota · 1897