Lanpher v. Burns
Supreme Court of Minnesota
Action in the district court for St. Louis county praying that an assignment for benefit of creditors executed by defendant Burns to defendant Holmes be adjudged void and for other relief. The case was tried before Cant, J., who found in favor of plaintiffs; and from a judgment entered pursuant to the findings, defendant Holmes appealed.
1Opinion of the CourtMitchell, J.
In November, 1897, the defendant Burns executed to the defendant Holmes an assignment of all his unexempt property for the benefit of his creditors. All the conditions existed in fact which would have authorized Burns to execute a valid assignment for the benefit of his creditors, either at common law as regulated by the assignment act of 1876, or under the insolvent law of 1881. The instrument did not state, and there was nothing in its contents to show, under which act it was executed, except and unless it be the *408fact that the trust created by it is not for the benefit of those creditors…
2Cases cited5 opinions
- In re MannSupreme Court of Minnesota · 1884
- Simon v. MannSupreme Court of Minnesota · 1885
- Greaves v. NealU.S. Circuit Court for the District of Massachusetts · 1893
- Second National Bank v. SchranckSupreme Court of Minnesota · 1890
- Smith v. BeanSupreme Court of Minnesota · 1891
3Cited by1 opinion
- Moore v. BettingenSupreme Court of Minnesota · 1911