Huntington v. Knapp & Spencer Co.
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. ' Plon. Frank McNui/ty, Judge. Action by Fred O. Huntington, as trustee in bankrupcy of Clarence E. Kaump, against the .Knapp & Spencer Company, a corporation, to recover the amount of a judgment theretofore, lecovered by the present defendant against said bankrupt and which had been paid out of proceeds of the sale of the debtor’s' stock in trade.
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Appeal from Circuit Court, Brown County. ' Plon. Frank McNui/ty, Judge. Action by Fred O. Huntington, as trustee in bankrupcy of Clarence E. Kaump, against the .Knapp & Spencer Company, a corporation, to recover the amount of a judgment theretofore, lecovered by the present defendant against said bankrupt and which had been paid out of proceeds of the sale of the debtor’s' stock in trade. From- a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The trustee, the plaintiff herein, has not sustained the burden of proof. He has not by a preponderance of the…
1Opinion of the CourtMcCOY, J.
It appears from the record that one Kaump was engaged in the merchandising business at Broadland, S. D.; that he was indebted to Knapp & Spencer Company, defendant; that such indebtedness was past due and unpaid, - and was placed in the hands of one Culhane, an attorney for -colllection; that in July, 1910, Culhane called upon Kaump in relation to the payment of 'such indebtedness; 'that such indebtedness was not paid, and in November following -a judgment was taken by Knapp & Spencer Company against Kaump on account of such indebtedness for the sum of $636.70, and on the 1st day of December…
2Cited by1 opinion
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