In re Dalpay
Supreme Court of Minnesota
On petition of Henry 0. Burbank and others, partners as H. 0. Burbank & Co., and of Kellogg, Johnson & Co., a corporation, filed February 1, 1889, an order was made by the district court for Marshall county, Mills, J., presiding, adjudging Joseph Dalpay to be insolvent, and appointing a receiver of his property, from which order he appeals.
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On petition of Henry 0. Burbank and others, partners as H. 0. Burbank & Co., and of Kellogg, Johnson & Co., a corporation, filed February 1, 1889, an order was made by the district court for Marshall county, Mills, J., presiding, adjudging Joseph Dalpay to be insolvent, and appointing a receiver of his property, from which order he appeals. The cause was heard upon a stipulation of facts, to the following effect: At and for two years prior to the time of filing the petition, Dalpay did business and resided at Argyle in this state. Until December 5, 1888, he was a member of the firm of M. D.…
1Opinion of the CourtVanderburgh, J.
The facts upon which the court made the order appealed from appear in the stipulation of the parties in the record. The appellant’s contention is that no case was made for the appointment of a receiver in these proceedings, on the ground that the property transferred to certain creditors by him, and securing to them a preference, was situated in Dakota territory, where the assignment thereof was made, and that by the laws of that territory such transfer is recognized as lawful. Among the assigned property, however, was a policy of insurance issued to the appellant by the Syndicate Insurance…
2Cases cited2 opinions
- May v. WannemacherMassachusetts Supreme Judicial Court · 1872
- Smith v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
3Cited by2 opinions
- In re HarrisonSupreme Court of Minnesota · 1891
- In re KahnSupreme Court of Minnesota · 1893