Kells v. Webster
Supreme Court of Minnesota
Appeal by plaintiff, as assignee in insolvency of Nehemiah P. Clarke and another, from an order of the district court for Stearns county, Baxter, J., denying his motion for a new trial after findings and order for judgment in favor of defendant, as administrator of the estate of Charles F. Powell, deceased.
1Opinion of the CourtMitchell, J.
This action was brought by plaintiff, as assignee of Clarke, under the insolvency law of 1881, to set aside a sale of 12,000,000 feet of sawlogs made by Clarke to Powell, as is alleged, in contemplation of insolvency, and with a view of giving the latter a preference upon a pre-existing debt. Powell having died, the action was continued against his administrator. The court found that at the time of the sale Clarke was insolvent, and that he made it with a view to giving Powell a preference, but that the latter did not have rea*277sonable cause at the time of the transfer to believe that Clarke…
2Cases cited5 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Stucky v. Masonic Savings BankSupreme Court of the United States · 1883
- Perine v. Grand Lodge of Ancient Order United WorkmenSupreme Court of Minnesota · 1892
- Daniels v. Bank of ZumbrotaSupreme Court of Minnesota · 1886
- Reeves v. HastingsSupreme Court of Minnesota · 1895
3Cited by11 opinions
- Pomerenke v. Farmers Life Insurance Co.Supreme Court of Minnesota · 1949
- Ikenberry v. New York Life InsuranceSupreme Court of Minnesota · 1914
- Mitchell v. MortenSupreme Court of Minnesota · 1952
- Cocker v. CockerSupreme Court of Minnesota · 1943
- Scott v. Prudential Insurance Co. of AmericaSupreme Court of Minnesota · 1940
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