Hathaway v. Brown
Supreme Court of Minnesota
The defendant, William Brown, sheriff of Olmsted county, levied upon and took from the plaintiff a stock of goods, which he purchased from one William H. Mills, under certain writs of attachment, issued against the property of Mills, in favor of the other defendants. The plaintiff claiming that such taking was wrongful and unlawful, brought this action in the district court for said county, to recover damages therefor.
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The defendant, William Brown, sheriff of Olmsted county, levied upon and took from the plaintiff a stock of goods, which he purchased from one William H. Mills, under certain writs of attachment, issued against the property of Mills, in favor of the other defendants. The plaintiff claiming that such taking was wrongful and unlawful, brought this action in the district court for said county, to recover damages therefor. The defense was, that the sale of the goods by Mills to plaintiff, was fraudulent, being made with intent to hinder, delay and defraud the creditors of said Mills, and with a…
1Opinion of the Court
*420By the Court.
Ripley', Ch. J.
The verdict in this case must be set aside, and a new trial granted, by reason of'the erroneous rulings now to be stated.
The defendants’ case is that the sale of the goods by Mills to the plaintiff, for the taking and conversion of which the action was brought, was made with intent to hinder, delay and defraud the creditors of Mills, and that plaintiff knew it. ■ Plaintiff was called as a witness at the trial, and testified in his own behalf. On cross-examination he was asked by defendants’ counsel as to what reasons Mills gave him, when he proposed the sale, for…
2Cases cited10 opinions
- Thurston v. . CornellNew York Court of Appeals · 1868
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Cuyler v. . McCartneyNew York Court of Appeals · 1869
- Derby v. GallupSupreme Court of Minnesota · 1860
- Superintendent of the Poor v. Superintendent of the PoorNew York Court of Appeals · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Starin v. . KellyNew York Court of Appeals · 1882
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Bullitt v. FarrarSupreme Court of Minnesota · 1889
- Busterud v. FarringtonSupreme Court of Minnesota · 1887
- Hollerman v. F. H. Peavey & Co.Supreme Court of Minnesota · 1964
20 more not listed; retrieve them via the Exa API.