Brekke v. Crew
South Dakota Supreme Court
Appeal from Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action by J. A. Brekke, against Charles E. Crew and William W. Waite, to set aside an alleged assignment for benefit of creditors. From a judgment for defendants, plaintiff appeals.
Read the full summary
Appeal from Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action by J. A. Brekke, against Charles E. Crew and William W. Waite, to set aside an alleged assignment for benefit of creditors. From a judgment for defendants, plaintiff appeals. (4) To point four of the opinion, Appellant cited: 5 C. J. 1038; Burrill Assignments (6th Ed.) Section 6; MoClaren v. Kramer (N. D.) 144 N. W. 85; re Courtney Mercantile Co., 186 Federal 352. (8) .'Under point eig'ht, Appellant submitted that: The trust deed was made with intent and with the necessary effect of delaying and defrauding debtor’s…
1Opinion of the CourtWhiting, J.
One Waite, an insolvent, conveyed all his property, real and. personal, except exemptions, in trust to one 'Crew, who accepted the trust and took possession of the property conveyed. Brelcke, a creditor of Waite, having, after the execuv tion of the conveyance by Waite to Crew, procured and docketed a judgment against Waite, brought this action to have such conveyance set aside as fraudulent, and because it hindered and delayed the creditors of Waite and particularly because it hindered and delayed him in the enforcement and collection of his judgment. The trial court held the conveyance…
2Cases cited19 opinions
- Hoffman, Burneston & Co. v. MackallOhio Supreme Court · 1855
- Kimball v. Grantsville CityUtah Supreme Court · 1899
- Mason v. A. E. Nelson Cotton Co.Supreme Court of North Carolina · 1908
- Paul v. DavisIndiana Supreme Court · 1885
- McAvoy v. JenningsWashington Supreme Court · 1906
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Abbott v. City of Los AngelesCalifornia Supreme Court · 1958
- City of Berkeley v. Superior CourtCalifornia Supreme Court · 1980
- Anderson v. LaleSouth Dakota Supreme Court · 1974
- La Fleur v. KoldaSouth Dakota Supreme Court · 1946
- Printup v. KennerSouth Dakota Supreme Court · 1920
11 more not listed; retrieve them via the Exa API.