Hathaway v. Brown
Supreme Court of Minnesota
Action for the wrongful talcing and conversion of a stock of goods, sold by one Mills to the plaintiff, and taken from the latter’s possession by the defendant, Brown, as sheriff, by virtue of executions against Mills in favor of the other defendants. Defence — that the sale to plaintiff was in fraud of the creditors of Mills.
Read the full summary
Action for the wrongful talcing and conversion of a stock of goods, sold by one Mills to the plaintiff, and taken from the latter’s possession by the defendant, Brown, as sheriff, by virtue of executions against Mills in favor of the other defendants. Defence — that the sale to plaintiff was in fraud of the creditors of Mills. At the trial in the district court for Olmsted county, before Van Dylce, J., the plaintiff introduced evidence tending to prove that, in part payment for the goods in question, he had conveyed to Mills certain real estate, and that some of the defendants, with knowledge…
1Opinion of the CourtCornell, J.
It is claimed by defendants that the sale under which the plaintiff claims title to the goods in question was fraudulent and void, as having been made by Mills, who was at the time an insolvent, with the intent to hinder, delay and defraud his creditors, and that the vendee, Hathaway, at the time of his purchase, had knowledge of such insolvency, and notice of such fraudulent intent on the part of his vendor.
These were the real issues controverted on the trial, and which the jury had to determine. Evidence was introduced by the defence tending to establish their theory of the case, and, as a…
2Cases cited2 opinions
- Lemay v. BibeauSupreme Court of Minnesota · 1858
- Scott v. EdesSupreme Court of Minnesota · 1859
3Cited by11 opinions
- Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
- Olson v. Purity Baking Co.Supreme Court of Minnesota · 1932
- Shearer v. BarnesSupreme Court of Minnesota · 1912
- McKenzie v. BanksSupreme Court of Minnesota · 1905
- Hunt v. RoosenSupreme Court of Minnesota · 1902
6 more not listed; retrieve them via the Exa API.