In re the Assignment of Bird
Supreme Court of Minnesota
Henry P. Bird and Robert W. Bird, engaged in business as partners, made an assignment for the benefit of their creditors containing the provisions recited in the opinion. The assignee, D. J. Shaw, having qualified and engaged in the execution of the trust, made application to the district court for Waseca county for an order requiring all creditors who desire to participate in the distribution of the estate to file releases of their claims.
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Henry P. Bird and Robert W. Bird, engaged in business as partners, made an assignment for the benefit of their creditors containing the provisions recited in the opinion. The assignee, D. J. Shaw, having qualified and engaged in the execution of the trust, made application to the district court for Waseca county for an order requiring all creditors who desire to participate in the distribution of the estate to file releases of their claims. The creditors opposing this application, an order was made by Buckham, J., denying the application, and directing the assignee to make distribution among…
1Opinion of the CourtMitchell, J.
This appeal is from an order of the district court *521¿directing that the funds in the hands of the assignee be distributed -among all the creditors of the assignors whose claims have been proved and allowed, without requiring them to file releases to the debtors, and denying the motion of the assignee that distribution be made only to creditors who shall file such releases. The assignment was of all the assignors’ non-exempt property, in trust for the following uses and purposes: (1) To convert it into money, and with and •out of the proceeds, (2) to pay the expenses of administering the trust;…
2Cases cited2 opinions
- Schoolher, Bernstein & Co. v. HutchinsTexas Supreme Court · 1886
- Sanborn & Warner v. Norton & DentzTexas Supreme Court · 1883
3Cited by10 opinions
- Greaves v. NealU.S. Circuit Court for the District of Massachusetts · 1893
- Lucy v. FreemanSupreme Court of Minnesota · 1904
- Boyum v. JordanSupreme Court of Minnesota · 1920
- McConnell v. RaknessSupreme Court of Minnesota · 1889
- Downes v. ParshallWyoming Supreme Court · 1891
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