Gridley v. Myers
Supreme Court of Minnesota
Action in the district court for Hennepin county by plaintiff, trading as the Olive Wheel Company, against Peter A. Myers, Elizabeth A. Patterson and Harlow A. Jacobs, copartners as P. A. Myers & Co., Harlow A. Jacobs, and George It. Smith, the assignee of Harlow A. Jacobs, to recover $3,274.15 for the alleged wrongful conversion by defendants of a number of bicycles .and bicycle attachments.
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Action in the district court for Hennepin county by plaintiff, trading as the Olive Wheel Company, against Peter A. Myers, Elizabeth A. Patterson and Harlow A. Jacobs, copartners as P. A. Myers & Co., Harlow A. Jacobs, and George It. Smith, the assignee of Harlow A. Jacobs, to recover $3,274.15 for the alleged wrongful conversion by defendants of a number of bicycles .and bicycle attachments. Judgment by default was obtained against all of the defendants, except Smith, the assignee, who interposed an answer. The cause was tried before Lancaster, J., without a jury, and judgment was ordered…
1Opinion of the CourtMitchell, J.
This is a contest between the vendor in a contract of conditional sale and the assignee in insolvency of the vendee, as to which party is entitled to the goods which were the subject of the sale.
The assignment for the benefit of creditors, under the insolvent law of 1881, was executed and delivered to the assignee at 12 o’clock noon, and filed in the office of the clerk of the district court at 5 o’clock and 12 minutes p. m., and the conditional sales contract filed in the city clerk’s office at 4 o’clock p. m., all on the same day.
It is settled by the decisions of this court that a deed of…
2Cases cited2 opinions
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
- Thomas Manufacturing Co. v. DrewSupreme Court of Minnesota · 1897
3Cited by16 opinions
- Mulcahy v. DieudonneSupreme Court of Minnesota · 1908
- Orenstein v. KahnSupreme Court of Delaware · 1922
- Leland v. Modern SamaritansSupreme Court of Minnesota · 1910
- Advance-Rumely Thresher Co. v. TerpeningMontana Supreme Court · 1920
- Andrus v. Maryland Casualty Co.Supreme Court of Minnesota · 1904
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