Hanson v. White
Supreme Court of Minnesota
Action in tbe district court for Hennepin county by tbe assignees in insolvency of Austin F. Kelley and Louis E. Kelley, copartners under the firm name of A. F. & L. E. Kelley and as individuals, to set aside as a preference a mortgage executed by Austin F. Kelley and wife to defendant White and by him assigned to defendant Evans. The cause was tried before Elliott, J., who found in favor of plaintiffs. From an order denying a motion for a new trial, defendants appealed.
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Action in tbe district court for Hennepin county by tbe assignees in insolvency of Austin F. Kelley and Louis E. Kelley, copartners under the firm name of A. F. & L. E. Kelley and as individuals, to set aside as a preference a mortgage executed by Austin F. Kelley and wife to defendant White and by him assigned to defendant Evans. The cause was tried before Elliott, J., who found in favor of plaintiffs. From an order denying a motion for a new trial, defendants appealed. To constitute a cause of action under G-. S. 1894, § 4243, the relation of debtor and creditor must have existed, the…
1Opinion of the Court
START, O. X
On July 14, 1896, Austin F. Kelley and wife executed to the de*525fendant Enos White a real-estate mortgage, on land then owned by Kelley, to secure the payment of a promissory note of $1,000, made as a part of the same transaction by Kelley to White. Kelley was insolvent at this time, and on September 12 following made an assignment in insolvency for the benefit of his creditors to the plaintiffs, who brought this action to set aside the mortgage as a preference. The trial court found that, at the time the mortgage was made, the firm of A. F. & L. E. Kelley was indebted to White on…
2Cases cited1 opinion
- Herrick v. MosherSupreme Court of Minnesota · 1898