Legal Opinion

Riddell v. Munro

Supreme Court of Minnesota

Decided May 16, 1892PublishedCited by 2 opinions

Appeal by defendant, George H. Munro, from an order of the District Court of Stevens county, Powers, J., made August 20, 1S91, refusing a new trial. R. C. Munger, of St. Paul, sold to George T. Elsham and Herbert J. Northcott pianos and other musical merchandise, and on May 6, 1889, received their notes therefor, due four months thereafter.

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Appeal by defendant, George H. Munro, from an order of the District Court of Stevens county, Powers, J., made August 20, 1S91, refusing a new trial. R. C. Munger, of St. Paul, sold to George T. Elsham and Herbert J. Northcott pianos and other musical merchandise, and on May 6, 1889, received their notes therefor, due four months thereafter. They failed to pay, and on February 4, 1890, he obtained judgment against them upon the notes for $815.85. On the same day he caused an execution to be issued thereon, and delivered it for service to the defendant, George H. Munro, sheriff of Stevens…

1Opinion of the CourtYanderburgh, J.

The piano in controversy was levied upon by the defendant sheriff as the property of one Herbert J. Northcott, judgment debtor. Plaintiff sues to’ recover the value of the instrument. The defense is that the same was part of a stock of goods belonging to Northcott which had been fraudulently transferred to Louis Northcott, a younger brother, who had notice of and participated in the fraud, and that an alleged transfer by the latter to the plaintiff is also fraudulent. Plaintiff’s alleged purchase was on credit, the price being payable in installments of five dollars each, and with a…

2Cases cited3 opinions

  1. Jellett v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
  2. Bowers v. MayoSupreme Court of Minnesota · 1884
  3. Homberger v. BrandenbergSupreme Court of Minnesota · 1886

3Cited by2 opinions

  1. Angers v. SabatinelliWisconsin Supreme Court · 1940
  2. Zeglin v. TetzlaffSupreme Court of Minnesota · 1920

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