Armour Packing Co. v. Brown
Supreme Court of Minnesota
Action in the district court for Hennepin county against George H. Brown, defendant, and Louis A. Hubachek, garnishee. From an order, Harrison, J., discharging the garnishee, plaintiff appealed. The bankruptcy act superseded the state insolvency laws, and the assignment was void. In re Bruss-Ritter Co., U. S. D. Ct. (East Wis.); Parmenter v. Hamilton, 172 Mass. 178. At the time of the assignment the bankruptcy act had not been established.
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Action in the district court for Hennepin county against George H. Brown, defendant, and Louis A. Hubachek, garnishee. From an order, Harrison, J., discharging the garnishee, plaintiff appealed. The bankruptcy act superseded the state insolvency laws, and the assignment was void. In re Bruss-Ritter Co., U. S. D. Ct. (East Wis.); Parmenter v. Hamilton, 172 Mass. 178. At the time of the assignment the bankruptcy act had not been established. Day v. Bardwell, 97 Mass. 246; Chamberlain v. Perkins, 51 N. H. 336; Ex parte Ziegenfuss, 24 N. C. 463; Martin v. Berry, 37 Cal. 208. See also Sturges v.…
1Opinion of the Court
START, O. J.1
The defendant, George H. Brown, on July 8, 1898, made a voluntary assignment, under the insolvency laws of the state, for the benefit of his creditors, to the garnishee herein, Louis A. Hubachek, who accepted the trust and duly qualified. The plaintiff was then *467a creditor of the assignor, and made proof of its claim, and filed it with the assignee, but afterwards, and on September 16, 1898, brought this action to recover the amount of its claim from the defendant, and garnished the assignee. The garnishee appeared, and disclosed that he had in his hands, as such assignee, $1,800,…
2Cases cited2 opinions
- Boese v. KingSupreme Court of the United States · 1883
- Davis v. BohleCourt of Appeals for the Eighth Circuit · 1899
3Cited by6 opinions
- Candler v. Washoe Lake Reservoir & Galena Creek Ditch Co.Nevada Supreme Court · 1905
- Chicago, R. I. & P. Ry. Co. v. HollidaySupreme Court of Oklahoma · 1915
- Downer v. PorterCourt of Appeals of Kentucky · 1903
- Lucas v. Medical Arts Building Co.Supreme Court of Minnesota · 1940
- Moore v. BettingenSupreme Court of Minnesota · 1911
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