Rogers v. Boise Ass'n of Credit Men
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to set aside assignment for benefit of creditors. Judgment for defendant. The trust deed is void because it shows on its face that it was a transfer of all property with the intent to delay this plaintiff and other creditors in the collection- of their claims. (California Cons. Min.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to set aside assignment for benefit of creditors. Judgment for defendant. The trust deed is void because it shows on its face that it was a transfer of all property with the intent to delay this plaintiff and other creditors in the collection- of their claims. (California Cons. Min. Co. v. Manley, 10 Ida. 786, 81 Pac. 50; Potter v. McDowell, 31 Mo. 62; Belford v. Crane, 16 N. J. Eq. 265, 84 Am. Dec. 155; Cole v. Tyler, 65 N. T. 73; Hunters v. Waite, 3 Gratt. (Va.) 32; Patten v.…
1Opinion of the CourtMccarthy, J.
In December, 1914, C. H. Sargent and Mary H. ■ Burnett, copartners under the firm name of the Fruitland Mercantile Company, or Sargent & Burnett, were in financial difficulty and unable to pay their debts. On December 28th they made an assignment for the benefit of all creditors to the respondent covering their property both copartnership and individual, real and personal. The assignment was recorded in the county in which the 1’eal estate is situated on January 13, 1915.
*516The following is a resume of its provisions so far as they are called in question in this case. The property conveyed is…
2Cases cited16 opinions
- Pettengill v. BlackmanIdaho Supreme Court · 1917
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881
- Heath v. WilsonCalifornia Supreme Court · 1903
- Wilson v. Baker Clothing Co.Idaho Supreme Court · 1913
- Saurderson v. BroadwellCalifornia Supreme Court · 1889
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3Cited by4 opinions
- Mohar v. McLelland Lumber CompanyIdaho Supreme Court · 1972
- Feltham v. BlunckIdaho Supreme Court · 1921
- Snell v. PrescottIdaho Supreme Court · 1930
- In re EngDistrict Court, D. Massachusetts · 1939