Brekke v. Crew
South Dakota Supreme Court
Appeal from Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action by J. A. Brekke, against Charles E. Crew and William W. Waite, to set aside an alleged assignment for benefit of creditors. From a judgment for defendants, plaintiff appeals.
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Appeal from Circuit Court, Hughes County. Hon. John F. Hughes, Judge. Action by J. A. Brekke, against Charles E. Crew and William W. Waite, to set aside an alleged assignment for benefit of creditors. From a judgment for defendants, plaintiff appeals. (4) To point four of the opinion, Appellant cited: 5 C. J. 1038; Burrill Assignments (6th Ed.) Section 6; MoClaren v. Kramer (N. D.) 144 N. W. 85; re Courtney Mercantile Co., 186 Federal 352. (8) .'Under point eig'ht, Appellant submitted that: The trust deed was made with intent and with the necessary effect of delaying and defrauding debtor’s…
1Dissent
GATES and SMITH, J. J.
(dissenting.) We fully agree with that -portion of the majority opinion which holds that the instrument in question was in fact an assignment for benefit of creditors, and that decision in the Joas case was wrong. We concede that this court has authority to overturn that decision and to apply the correct principles of law to the instant case, even though the assignor, the assignee, the assenting creditors, and the trial court strictly followed that decision. We are not convinced, however, even under the above concessions, that our oath of office obligates us either…
2Cases cited2 opinions
- Straw v. JenksSupreme Court Of The Territory Of Dakota · 1889
- Duggan v. BlissSupreme Court of Colorado · 1878