First Nat. Bank v. McMillan
South Dakota Supreme Court
Appeal from circuit court, Meade county.. Hon. A. J. Plowman, Judge. Action upon promissory notes. From an order dissolving an attachment, plaintiff appeals. The facts are stated in the opinion. The assignment was void, because it did not include all the debtor’s property. Burrill on Ass’g’t§ 94; Comp. Laws, § 4663; Juliand v. Rathbone. 39 N. Y. 369. See, also, Mackiev.
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Appeal from circuit court, Meade county.. Hon. A. J. Plowman, Judge. Action upon promissory notes. From an order dissolving an attachment, plaintiff appeals. The facts are stated in the opinion. The assignment was void, because it did not include all the debtor’s property. Burrill on Ass’g’t§ 94; Comp. Laws, § 4663; Juliand v. Rathbone. 39 N. Y. 369. See, also, Mackiev. Carems, 5 Cow. 547; Burrill, § 200; McGlurg v. Lecky, 3 Penn. & W. 83; Wakeman v. Grover, 4 Paige 23; 11. Wend. 187. , There was no delivery of possession to the assignee. Pope v. Cheney, 27 N. W. 755; Wright v. Lee, 4 S. D.…
1Opinion of the CourtFuller, J.
Plaintiff brought an action against the defendant McMillan upon certain past due promissory notes, and, upon the ground that said defendant had assigned and disposed of his property with intent to hinder, delay and defraud creditors, an attachment was obtained, and a large amount of merchandise was seized thereunder as the property of the defendant. Upon the hearing of the motion to vacate and discharge the attachment, supported by affidavits denying the ground specified, in the affidavit upon which the same issued, and resisted by affidavits submitted by plaintiff, the court entertained the…
2Cases cited2 opinions
- Trebilcock v. Big Missouri Mining Co.South Dakota Supreme Court · 1896
- Illinois Central Railroad v. City of ChicagoIllinois Supreme Court · 1894
3Cited by4 opinions
- Park v. ArmstrongSouth Dakota Supreme Court · 1896
- Brekke v. WaiteSouth Dakota Supreme Court · 1915
- Catlett v. EhrlerSouth Dakota Supreme Court · 1916
- Peoples State Bank v. KarlenSouth Dakota Supreme Court · 1921