Beardslee v. Beaupre
Supreme Court of Minnesota
Plaintiff, as receiver in insolvency of Peter J. Richwine, brought this action in the district court for Ramsey county, to avoid, as unlawful preferences, certain payments made by the insolvent to the defendants; At the trial, before Kerr, J., it appeared that the first-payment (of $2,825.81) was made January 19, 1889, and the second (of $2,406.82) on March 15, 18S9; that on April 19, Í889, a petition for the appointment of a receiver was filed, and on April 27,. 1889, the…
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Plaintiff, as receiver in insolvency of Peter J. Richwine, brought this action in the district court for Ramsey county, to avoid, as unlawful preferences, certain payments made by the insolvent to the defendants; At the trial, before Kerr, J., it appeared that the first-payment (of $2,825.81) was made January 19, 1889, and the second (of $2,406.82) on March 15, 18S9; that on April 19, Í889, a petition for the appointment of a receiver was filed, and on April 27,. 1889, the petition was granted and the appointment of plaintiff made. It was conceded that plaintiff was entitled to recover…
1Opinion of the CourtMitchell, J.
Section 4 of the insolvent law of 1881 provides ' that preferential conveyances and payments made by an insolvent debtor within four months (now 90 days) of making an assignment as provided in section 1 of the act may be avoided by the assignee. We have held that the provisions of section 4 apply to involuntary as well as voluntary bankruptcy, and therefore that such conveyances and payments may be avoided by a receiver appointed in proceedings under section 2. Bliss v. Doty, 36 Minn. 168, (30 N. W. Rep. 465.) The question in this case, to adopt the language of the trial court, is, “Does the…
2Cases cited8 opinions
- Ex parte FosterU.S. Circuit Court for the District of Massachusetts · 1842
- Ex parte NewhallU.S. Circuit Court for the District of Massachusetts · 1842
- Bliss v. DotySupreme Court of Minnesota · 1886
- McLean v. Lafayette BankU.S. Circuit Court for the District of Ohio · 1843
- Dudley's CaseU.S. Circuit Court for the District of Eastern Pennsylvania · 1842
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3Cited by2 opinions
- Foot v. OfstieSupreme Court of Minnesota · 1897
- Williamson v. HatchSupreme Court of Minnesota · 1893