Gunn v. Smith
Supreme Court of Minnesota
Appeal by Angus Gunn from an order of the district court for Pine county, Crosby, J., removing him as assignee in insolvency of the estate of Elfstrand & Peterson, and appointing John A. Smith in his place.
1Opinion of the CourtMitchell, J.
The insolvents, Elfstrand & Peterson, under the insolvency law of 1881 made a general assignment of their property for the benefit of creditors in which they appointed Gunn assignee. Subsequently, upon the petition of a majority in number and amount of the creditors of the insolvents, the court made an order removing him as assignee, and appointing another in his place, pursuant to the provisions of statute. G. S. 1894, § 4248. Gunn now appeals from the order removing him.
He had no such interest in the trust as will entitle him to litigate the question of his removal. He was simply trustee…
2Cases cited2 opinions
- Assigned Est. of Graff, Bennett & Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- State ex rel. Votaw v. ParkerWashington Supreme Court · 1893
3Cited by3 opinions
- McLaughlin v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1934
- Twin Cities National Bank v. Anderson Co.Supreme Court of Minnesota · 1923
- Young v. IrishSupreme Court of Minnesota · 1908