National Bank of the Republic v. George M. Scott & Co.
Utah Supreme Court
Appeal from the District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action in equity to set aside a deed of assignment by George M. Scott & Co., a corporation, to Hugh Anderson as assignee, upon the ground of fraud. From a judgment for defendants plaintiff appeals.
Read the full summary
Appeal from the District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action in equity to set aside a deed of assignment by George M. Scott & Co., a corporation, to Hugh Anderson as assignee, upon the ground of fraud. From a judgment for defendants plaintiff appeals. The assignment is fraudulent and void as to appellant and other unpreferred creditors because it was made with intent to binder, delay and defraud them, in that, by certain indebtedness guaranteed by George M. Scott & Co., personally, is preferred. Godley v. Capon, 72 Ills., 11; Rich v. Hathaway, 18 Ills., 548; Mercantile…
1Opinion of the CourtZane, C. J.
This is an equity cause to set aside a deed of assignment made by George M. Scott & Co., a corporation, to Hugh Anderson. A number of facts were alleged in the complaint upon which the plaintiff relied as showing fraud. The defendants answered, denying essential elements alleged in the complaint and fraud in fact or in law. The lower court heard the evidence, made findings of fact, heard arguments of counsel, and stated its conclusions of law, and entered a decree dismissing the cause. From this decree the plaintiff has appealed.
It appears that on January 29, 1898, George M. Scott & Co., a…
2Cases cited5 opinions
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Covert v. RogersMichigan Supreme Court · 1878
- Pettit v. ParsonsUtah Supreme Court · 1893
- Wells, Fargo & Co. v. George M. Scott & Co.Utah Supreme Court · 1898
- Colorado Fuel & Iron Co. v. Western Hardware Co.Utah Supreme Court · 1897
3Cited by4 opinions
- Passow & Sons v. WetherbeeUtah Supreme Court · 1917
- Kurtz v. Ogden Canyon Sanitarium Co.Utah Supreme Court · 1910
- Walker Bros. Bankers v. Eastern Motors Co.Utah Supreme Court · 1927
- Callahan v. Pioneer Nurseries Co.Utah Supreme Court · 1917