Burt v. McKinstry
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE WASHINGTON COUNTY. Points and authorities of the Appellants : Fwst. — That the Judge did not err in permitting the Plaintiff to give in evidence on the trial in the court below, tbe declarations and admissions of Horace K. McKinstry, one of the Defendants, made some time after tbe execution and delivery of tbe assignment, as proof of the intent with which tbe assignment was made.
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APPEAL EROM THE DISTRICT COURT OE WASHINGTON COUNTY. Points and authorities of the Appellants : Fwst. — That the Judge did not err in permitting the Plaintiff to give in evidence on the trial in the court below, tbe declarations and admissions of Horace K. McKinstry, one of the Defendants, made some time after tbe execution and delivery of tbe assignment, as proof of the intent with which tbe assignment was made. Second. — That tbe testimony of tbe witnesses, Rowell, Groff, and Cutter, as to tbe declarations of tbe Defendant McKinstry,. made subsequent to tbe assignment, was properly admitted…
1Opinion of the CourtAtwater, J.
By the Court. This was an action brought in the District Court of "Washington county, on behalf of the Appellant, and other judgment creditors who might choose to join, to set aside a deed of assignment, made by McKinstry & Seely to Enos B. Raymond, in trust for the benefit of the creditors of the assignors. The pleadings are voluminous, and numerous issues were raised, which were submitted to a jury at the November term, 1859, of that Court, and a verdict rendered for the Plaintiff. The Defendants moved for a new trial, which was granted, and an order entered allowing a new trial. Prom this…
2Cases cited7 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Doyle v. SleeperCourt of Appeals of Kentucky · 1833
- Phœnix v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1809
- Bartlet v. DelpratMassachusetts Supreme Judicial Court · 1808
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3Cited by15 opinions
- First Nat. Bank of Cincinnati v. FlershemSupreme Court of the United States · 1934
- Swogger v. TaylorSupreme Court of Minnesota · 1955
- Hull v. State ex rel. RollinsSupreme Court of Florida · 1892
- Seibert v. ThompsonSupreme Court of Kansas · 1871
- Hillebert v. PorterSupreme Court of Minnesota · 1881
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