Red River Valley Bank v. Freeman
North Dakota Supreme Court
A PPPJAL from district court, Cass county; Hon. William: /I B. McConnell, Judge. Appeal from an order vacating an attachment. The property excepted and reserved from assignment was not exempt and rendered the assignment void: Comp Laws, §§ 4663, 4667, Art. 2, Chap. 13. The statutes allowing exemptions do not apply to cases of voluntary assignment.
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A PPPJAL from district court, Cass county; Hon. William: /I B. McConnell, Judge. Appeal from an order vacating an attachment. The property excepted and reserved from assignment was not exempt and rendered the assignment void: Comp Laws, §§ 4663, 4667, Art. 2, Chap. 13. The statutes allowing exemptions do not apply to cases of voluntary assignment. The assignment being void and fraudulent in law, furnishes ground for attachments: Noble v. Holmes, 5 Hill, 194; Nan Etten v. Hurst, 6 id. 311; Thurber v. Blank, 50 N. T. 80; Richardson v. Rogers, 45 Mich. 591; Comp. Laws, § 4995. The exemption laws…
1Opinion of the CourtWallin, J.
On the 11th day of March, 1890, defendant, under the statute regulating assignments, made a general assignment for the benefit of his creditors, and made, executed, and delivered to one Edward B. Sherburne, as his assignee, a written instrument of assignment in due form, in which instrument said Sherburne joined. On the same day the said instrument was duly filed and recorded. The writing purported to convey, and did convey, to the assignee all of the assignor’s property, real and personal, in trust for his creditors, without any preference or reservation whatever, “except such property only…
2Cases cited10 opinions
- Smith v. MitchellMichigan Supreme Court · 1863
- Brooks v. NicholsMichigan Supreme Court · 1868
- Dow v. . PlatnerNew York Court of Appeals · 1858
- Quebec Bank v. CarrollSouth Dakota Supreme Court · 1890
- Rice v. JerensonWisconsin Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Atlantic Life Insurance v. RingSupreme Court of Virginia · 1936
- Cleveland v. McCannaNorth Dakota Supreme Court · 1898
- Olson v. MattisonNorth Dakota Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.