In re Nicolin
Supreme Court of Minnesota
Appeal by Frank Nicolin, assignor, and Gerhard Hilgers, his as-signee, from an order of the District .Court of Scott County, Francis Cadwell, J., made May 25,1893, removing said Hilgers and appointing Theodore Weiland assignee in his stead.
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Appeal by Frank Nicolin, assignor, and Gerhard Hilgers, his as-signee, from an order of the District .Court of Scott County, Francis Cadwell, J., made May 25,1893, removing said Hilgers and appointing Theodore Weiland assignee in his stead. On March 27, 1893, Frank Nicolin, merchant of Jordan in Scott County made an assignment under Laws 1881, ch. 148, of all his non-exempt property to Gerhard Hilgers of the same place in trust for the equal benefit of all his creditors who should prove their claims and release him from any part thereof not paid from the proceeds of the property assigned. His…
1Opinion of the CourtCollins, J.
Disregarding the claim of the counsel for respondents that upon the record, as presented on this appeal, there is nothing for us to review, we come directly to a consideration of the main question, and this involves a construction of the word “creditors,” as used in Laws 1889, ch. 30, § 6, (an amendment to the insolvency law of 1881, ch. 148.) It is provided in said section that, upon the petition *133of a majority in number and in amount of tbe creditors, it shall be tbe duty of tbe court to remore any assignee or receirer appointed under tbe provisions of tbe statute, and to appoint another…
2Cases cited2 opinions
- Olson v. O'BrienSupreme Court of Minnesota · 1891
- Adamson v. CheneySupreme Court of Minnesota · 1886
3Cited by5 opinions
- City of Boston v. TurnerMassachusetts Supreme Judicial Court · 1909
- In re the Estate of VitelliNew York Surrogate's Court · 1932
- Hines v. McKenzieSupreme Court of Iowa · 1933
- Burtt v. BarnesWisconsin Supreme Court · 1894
- In re NicolinSupreme Court of Minnesota · 1894