Haven v. Place
Supreme Court of Minnesota
Appeal by defendant, assignee in bankruptcy of Stone, Parker & Co., from an order of the district court for Hennepin county, Vanderburgh; J., presiding; overruling his demurrer to the complaint. U. S. Rev. St. §§ 5056, 5057, does not extend to or protect an assignee in bankruptcy when he becomes a trespasser, and he is not empowered to take any goods not belonging to the bankrupt. Leighton v. Harwood, 111 Mass. 67; S. C. 12 Nat. Bank.
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Appeal by defendant, assignee in bankruptcy of Stone, Parker & Co., from an order of the district court for Hennepin county, Vanderburgh; J., presiding; overruling his demurrer to the complaint. U. S. Rev. St. §§ 5056, 5057, does not extend to or protect an assignee in bankruptcy when he becomes a trespasser, and he is not empowered to take any goods not belonging to the bankrupt. Leighton v. Harwood, 111 Mass. 67; S. C. 12 Nat. Bank. Reg. 360; Edge v. Parker, 8 B. & C. 697; Ga/rruthers v. Payne, 5 Bing. 270; Knight v. Cheney, 5 Nat. Bank. Reg. 305; Cooky. Tullis, 9 Nat. Bank. Reg. 433;…
1Opinion of the CourtBerry, J.
The complaint alleges that on May 15, 1875, plaintiffs “sold on credit” to the firm of Stone, Parker & Co., $8,000 feet of lumber, at $14 per thousand feet; that on June 23, 1875, they “sold” to said firm 15,000 feet of lumber, at $20 per thousand feet; that they “employed” the St. Paul & Pacific Railroad Company to convey the lumber from Montrose to Stone, Parker & -Co. at Minneapolis; that the railroad company never delivered the same to said firm; that on or about August 10, 1875, Stone, Parker & Co. became insolvent, and defendant was duly appointed their assignee in bankruptcy, and duly…
2Cases cited5 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Dennison v. PlumbNew York Supreme Court · 1854
- Farley v. KittsonSupreme Court of Minnesota · 1880
- Esmond v. . ApgarNew York Court of Appeals · 1879
- Esmond v. ApgarNew York Court of Common Pleas · 1878