In re Allen
Supreme Court of Minnesota
Appeal by Edgar Allen, Abram Levinson and Henry T. Sattler from an order of the district court for Eamsey county, Simons, J., presiding, appointing a receiver in insolvency of the property of appellants Allen and Levinson, and of one Benjamin J. Ettelsohn.
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Appeal by Edgar Allen, Abram Levinson and Henry T. Sattler from an order of the district court for Eamsey county, Simons, J., presiding, appointing a receiver in insolvency of the property of appellants Allen and Levinson, and of one Benjamin J. Ettelsohn. The petition for a receiver charged that all the debtors were general partners in the firm of E. Allen & Co., and that the assignment to appellant Sattler, mentioned in the opinion, was made in fraud of the insolvency act and with a view to give a preference, etc. The appellant Ettelsohn is a non-resident of the state, residing in Chicago.
1Opinion of the Court
Yanderbürgh, J.
The matter in question here is the validity of ■the assignment, made under chapter 148, Laws 1881, by Allen and Levinson, members of the partnership of E. Allen & Co.' The ground ■of its alleged invalidity is that one Benjamin Ettelsohn was also a member of the partnership, and, while he assented to the assignment, which undertook to convey to the assignee alj the partnership prop■erty, he did not convey and bring into court his individual property, for distribution with the assets of the partnership and the individual assets of the other partners named. The parties intended to…
2Cases cited1 opinion
- May v. WalkerSupreme Court of Minnesota · 1886
3Cited by6 opinions
- Giles v. VetteSupreme Court of the United States · 1924
- Farwell v. St. Paul Trust Co.Supreme Court of Minnesota · 1891
- Hanson v. MetcalfSupreme Court of Minnesota · 1891
- Williams v. CrockerSupreme Court of Florida · 1895
- Mc Cord-Brady Co. v. MillsWyoming Supreme Court · 1899
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