Staples v. Schulenburg & Boeckeler Lumber Co.
Supreme Court of Minnesota
On November 9, 1894, defendant corporation, organized under the laws of Missouri, at St. Louis, Missouri, executed to one Tittman, for the benefit of creditors, an assignment of all its property in the states of Missouri, Illinois, Kansas, and Wisconsin.
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On November 9, 1894, defendant corporation, organized under the laws of Missouri, at St. Louis, Missouri, executed to one Tittman, for the benefit of creditors, an assignment of all its property in the states of Missouri, Illinois, Kansas, and Wisconsin. On November 15, 1894, action was commenced by personal service upon defendant in tbe district court for Washington county, and on December 26, 1894, judgment was entered in favor of plaintiff for $714.64. On November 16, 1894, defendant at St. Paul, Minnesota, executed an assignment for the benefit of creditors, under Laws 1881, c. 148, and…
1Opinion of the CourtOollins, J.
There is no merit in the claim made by counsel -for appellant that the deeds of assignment, purporting to have been ■made and delivered under the provisions of the insolvency laws of this state by defendant company to respondent, were not properly executed, and, in form, did not convey to the assignee all of defendant’s property wherever situated. These deeds were regular in form, and complete upon their face. They cannot be attacked and .assailed collaterally, — for instance, in garnishment proceedings instituted against a regularly appointed and duly qualified assignee. Second Nat. Bank v.…
2Cases cited1 opinion
- Second National Bank v. SchranckSupreme Court of Minnesota · 1890