Kinney v. Sharvey
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court, St. Louis county, Stearns, J., made July 2, 1891, dismissing the action.
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Appeal by plaintiff from an order of the district court, St. Louis county, Stearns, J., made July 2, 1891, dismissing the action. Genevieve F. Bawden, of Ely, Minn., being indebted to divers persons, and insolvent, made an assignment, December 26, 1889, to the plaintiff, O. D. Kinney, of all her unexempt property, in trust to pay all her creditors who should file releases pursuant to Laws 1881, ch. 148, as amended by Laws 1889, ch. 30. She was a married woman, ‘the wife of John T. Bawden, but he did not join in, or consent in any way to, the assignment. The plaintiff accepted the trust, and…
1Opinion of the CourtMitchell, J.
The question in this case is whether an insolvent-married woman can make an assignment of all her non-exempt property, including real estate, for the benefit of creditors, under the insolvent law of 1881, ch. 148, without her husband joining in its execution. The claim of the defendant is that such an assignment is a conveyance, within the meaning of 1878 G-. S. ch. 69, § 2, and hence invalid, unless the husband joins. Under the provisions of the-section referred to, a married woman is bound by her contracts, and her property is liable for her debts, to the same extent as if unmarried. She is…
2Cases cited5 opinions
- King v. RemingtonSupreme Court of Minnesota · 1886
- In re BookU.S. Circuit Court for the District of Ohio · 1843
- In re KinkeadDistrict Court, N.D. Illinois · 1873
- In re CollinsDistrict Court, N.D. Illinois · 1873
- In re LyonsDistrict Court, D. California · 1874
3Cited by2 opinions
- Joswich v. FaberSupreme Court of Minnesota · 1904
- Northwestern Mutual Life Insurance v. MurphySupreme Court of Minnesota · 1908