Coblentz v. Driver Mercantile Co.
Utah Supreme Court
Appeal from the district court of the third judicial district, Hon. Charles S. Zane, Judge. Action by Joseph Coblentz and others, against the Driver Mercantile Company, and others, to.set. aside a deed of assignment and for the appointment of a receiver. From the judgment for defendants, plaintiffs appeal. The lower court found that the claims of Eemington, assignee, and Clute were fictitious and fraudulent.
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Appeal from the district court of the third judicial district, Hon. Charles S. Zane, Judge. Action by Joseph Coblentz and others, against the Driver Mercantile Company, and others, to.set. aside a deed of assignment and for the appointment of a receiver. From the judgment for defendants, plaintiffs appeal. The lower court found that the claims of Eemington, assignee, and Clute were fictitious and fraudulent. This is a finding of fraud in fact as contra-distinguished from fraud in law. “Undoubtedly, the rule is that a transaction void in part for fraud in fact is entirely void.” Crawford v.…
1Opinion of the Court
SMITH, J.:
This was an action commenced by the creditors of an insolvent mercantile corporation for the purpose of having a deed of assignment for the benefit of creditors set aside, and for the appointment of a receiver, and the distribution of the insolvent estate. The assignment was attacked on the ground that it was made with the intent to hinder, delay, and defraud creditors. The complaint specifically set out certain fraudulent preferences in the deed of assignment; among others, one to the assignee, W. H. Remington, for $2,225. Remington was made a defendant, and answered. The court…
2Cases cited10 opinions
- Peters v. BainSupreme Court of the United States · 1890
- Crawford v. NealSupreme Court of the United States · 1892
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- Reiger v. . DavisSupreme Court of North Carolina · 1872
- Wilson v. ForsythNew York Supreme Court · 1857
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3Cited by3 opinions
- W. P. Noble Mercantile Co. v. Mount Pleasant Equitable Co-operative InstitutionUtah Supreme Court · 1895
- County of Winnebago v. Rico Corp.Appellate Court of Illinois · 1973
- Blilings v. ParsonsUtah Supreme Court · 1898