W. P. Noble Mercantile Co. v. Mount Pleasant Equitable Co-operative Institution
Utah Supreme Court
Appeal from the District Court of the First Judicial' District. Hon. H. W. Smith, Judge. Action by W. P. Noble Mercantile Company, a corporation, against Mount Pleasant Equitable Co-operative Institution, Peter Matson, Assignee, Mount Pleasant Commercial & Savings Bank and George Christensen, to set aside a deed of assignment. Arthur Parsons intervener. From the decree rendered, plaintiff and intervener appeal.
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Appeal from the District Court of the First Judicial' District. Hon. H. W. Smith, Judge. Action by W. P. Noble Mercantile Company, a corporation, against Mount Pleasant Equitable Co-operative Institution, Peter Matson, Assignee, Mount Pleasant Commercial & Savings Bank and George Christensen, to set aside a deed of assignment. Arthur Parsons intervener. From the decree rendered, plaintiff and intervener appeal. Appellants rest their appeal on five contentions, which will be considered in their order. First — Can an insolvent corporation assign with preferences? Appellant’s contention that it…
1Opinion of the CourtBartoh, J.
In this case the plaintiff seeks to have declared null and void a certain deed of assignment and a conveyance of real estate made by the defendant Mt. Pleasant Equitable Cooperative Institution, and to have a receiver appointed, and the property of the said defendant disposed of according to the rights of its creditors, as they may appear. The facts material to this decision, as shown by the record, are that the defendant Mt. Pleasant Equitable Co-operative Institution was a mercantile corporation; that it became insolvent, and executed, by its board of directors, a deed of assignment to…
2Cases cited31 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Sanger v. UptonSupreme Court of the United States · 1875
- Sawyer v. HoagSupreme Court of the United States · 1873
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Curran v. ArkansasSupreme Court of the United States · 1853
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3Cited by15 opinions
- Baldwin v. BurtonUtah Supreme Court · 1993
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