Thompson v. Johnson
Supreme Court of Minnesota
Appeal by defendants, Andrew P. Johnson, Aaron Abrahamson, •James P. Onstad, Andrew Nash, Jonas Olander, and Lewis Lilly, •from an order of the District Court of Fillmore County, John Whytock, J., made June 7, 1893, denying their motion for a new trial. Edward A. Hostvet and Carl C. Hourn were partners in business. They had a creamery at Houston, another at Rushford and a creamery and feed-mill at Lanesboro. They also had two ice-houses and •a dray business at Rushford.
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Appeal by defendants, Andrew P. Johnson, Aaron Abrahamson, •James P. Onstad, Andrew Nash, Jonas Olander, and Lewis Lilly, •from an order of the District Court of Fillmore County, John Whytock, J., made June 7, 1893, denying their motion for a new trial. Edward A. Hostvet and Carl C. Hourn were partners in business. They had a creamery at Houston, another at Rushford and a creamery and feed-mill at Lanesboro. They also had two ice-houses and •a dray business at Rushford. The creameries, feed-mill and ice-houses stood on leased ground and were personal property. Hostvet died intestate January…
1Opinion of the CourtGilfillan, C. J.
There can be little doubt that at the time of the alleged preference the concern of Hostvet & Hourn, conducted by Hourn as surviving partner, was, and for some time had been, a losing and failing concern, and had reached that stage when it did not and could not pay its debts as they matured in the usual course of business. Where such is the case, it is a matter of no consequence that in the opinion of the debtor or of any one else he is not insolvent. A witness’ testimony that a debtor is solvent is of very little weight without knowing what he regards as insolvency. And the evidence would…
2Cases cited5 opinions
- Daniels v. Bank of ZumbrotaSupreme Court of Minnesota · 1886
- Holcombe v. EhrmanntrautSupreme Court of Minnesota · 1891
- Hastings Malting Co. v. HellerSupreme Court of Minnesota · 1891
- Dow v. SutphinSupreme Court of Minnesota · 1891
- Thompson v. Northwestern Guaranty Loan Co.Supreme Court of Minnesota · 1893
3Cited by5 opinions
- Barnard v. SeamanSupreme Court of Minnesota · 1926
- Cumbey v. UelandSupreme Court of Minnesota · 1898
- Fisher v. UtendorferSupreme Court of Minnesota · 1897
- Thompson v. Northwestern Guaranty Loan Co.Supreme Court of Minnesota · 1893
- Joseph Schlitz Brewing Co. v. ChildsSupreme Court of Minnesota · 1896