Farwell, Ozmun, Kirk & Co. v. Brooks
Supreme Court of Minnesota
Action in the district court for Becker county against Ai Brooks and William M. Brooks, copartners under the firm name and style of Brooks & Co. After recovering judgment against defendants for $1,572.40, plaintiff instituted garnishment proceedings against Charles A. Wright, from whose disclosure it appeared that he had received certain property of defendants by virtue of an assignment to him for the benefit of creditors.
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Action in the district court for Becker county against Ai Brooks and William M. Brooks, copartners under the firm name and style of Brooks & Co. After recovering judgment against defendants for $1,572.40, plaintiff instituted garnishment proceedings against Charles A. Wright, from whose disclosure it appeared that he had received certain property of defendants by virtue of an assignment to him for the benefit of creditors. Plaintiff served a supplemental complaint, and the issues raised by it and by the garnishee’s answer and by the reply were brought on for trial before Searle, J., who made…
1Opinion of the Court
MITCHELL, Jv
The only question is as to the validity of the deed of assignment (Exhibit A of the complaint) purporting to have been executed for the benefit of creditors pursuant to the provisions of the insolvent law of 1881.2 The only authorized assignment under this statute is of all the debtor’s property not exempt from execution. Hence an assignment by partners of partnership property exclusively is upon its face partial, and not general. To be valid, it must appear on its face that it assigns, not only the partnership property, but also all of the nonexempt individual property of each of…
2Cases cited4 opinions
- May v. WalkerSupreme Court of Minnesota · 1886
- In re AllenSupreme Court of Minnesota · 1889
- Security Bank v. BeedeSupreme Court of Minnesota · 1887
- Thompson v. Winona Harvester WorksSupreme Court of Minnesota · 1889
3Cited by1 opinion
- Mc Cord-Brady Co. v. MillsWyoming Supreme Court · 1899