Sadler v. Immel
Nevada Supreme Court
Appeal from the District Court of the Sixth Judicial District, Eureka County. The facts are stated in the opinion. I. The assignment is not made in accordance with .the provisions of the statute of this state, regulating assignments by insolvent debtors. (1 Comp. L. 426-464.) II. The state insolvent laws are in force, until proceedings in bankruptcy are actually instituted under the national bankrupt law. (Mallbie v. Hotchkiss et al., 38 Conn. 80; Beed v. Taylor, 7 Am.
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Appeal from the District Court of the Sixth Judicial District, Eureka County. The facts are stated in the opinion. I. The assignment is not made in accordance with .the provisions of the statute of this state, regulating assignments by insolvent debtors. (1 Comp. L. 426-464.) II. The state insolvent laws are in force, until proceedings in bankruptcy are actually instituted under the national bankrupt law. (Mallbie v. Hotchkiss et al., 38 Conn. 80; Beed v. Taylor, 7 Am. Bep. 180. In re Zieqenfuss'' Case, 2 Ired. (L.) 463.) I. The bill in equity, in this action, can not be sustained, 7 Cal.…
1Opinion of the Court
By the Court,
Leonard, J.:
Eespondent, Immel, was a banker in Eureka. Being indebted to respondents, Chamblin, Bishop, and Bartlett, and other persons in Eureka county, he assigned, by an instrument in writing, all his property, real and personal, to his co-defendants, in trust, to be converted into money, and that to be used in the payment, pro rata, of all such creditors in said county as should come in, and by writing accept the benefits of the assignment. The trustees named accepted the trust and took possession of the property. Plaintiff was notified of the assignment and invited to accept…
2Cases cited6 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- May v. WannemacherMassachusetts Supreme Judicial Court · 1872
- Martin v. BerryCalifornia Supreme Court · 1869
- More, Reynolds & Co. v. LottNevada Supreme Court · 1878
- Cook v. RogersMichigan Supreme Court · 1875
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3Cited by3 opinions
- In re Weedman Stave Co.District Court, E.D. Arkansas · 1912
- Langworthy v. ColemanNevada Supreme Court · 1884
- Chiatovich v. YoungNevada Supreme Court · 1942