Jewett v. Downs
South Dakota Supreme Court
Appeal from circuit court, Miner county. Hon D. Haney, Judge. Action for an injunction, for a receiver, and to declare a certain chattel mortgage and bill of sale fraudulent, and in effect to be a general assignment. From a judgment for defendants, and from an order denying a motion for a new trial, plaintiffs appeal. The facts are stated in the opinion. An insolvent debtor cannot prefer one creditor to another.
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Appeal from circuit court, Miner county. Hon D. Haney, Judge. Action for an injunction, for a receiver, and to declare a certain chattel mortgage and bill of sale fraudulent, and in effect to be a general assignment. From a judgment for defendants, and from an order denying a motion for a new trial, plaintiffs appeal. The facts are stated in the opinion. An insolvent debtor cannot prefer one creditor to another. White v. Cotzhansen, 129 U. S. 329; Straw v. Jenks, 43 N. W. 941; Wyman v. Mathews, 53 Fed, .678. In order to make an assignment the debtor must appoint a trustee, turn over to him…
1Opinion of the CourtPuller, J.
The object of this action was to obtain an injunction, and the appointment of a receiver authorized by the court to take possession of, and distribute for the benefit of creditors generally, a stock of merchandise described in a certain chattel mortgage executed by the defendant Daugherty to to the defendant Downs, and also described in a bill of sale, of even date therewith, executed by said defendant Daugherty to the defendant Oleson, and to procure a decree adjudging the various transactions described in the complaint fraudulent, and in effect .to be a general assignment for the benefit of…
2Cases cited1 opinion
- Sandwich Manufacturing Co. v. MaxSouth Dakota Supreme Court · 1894
3Cited by5 opinions
- Smith v. BakerSupreme Court of Oklahoma · 1897
- Noyes v. BraceSouth Dakota Supreme Court · 1897
- Wannemacher v. MerrillNorth Dakota Supreme Court · 1911
- Gardner v. HainesSouth Dakota Supreme Court · 1905
- Mustar v. McCombSouth Dakota Supreme Court · 1917