Wilson v. Cunningham
Utah Supreme Court
Appeal from the Third District Court, Salt Lake Comity.— Hon. Ogden Hiles, Judge. Action by the plaintiff, as trustee in bankruptcy of John Beck, against the defendants, to obtain a decree declaring the transfers of certain stocks to defendant Cunningham fraudulent and void as to Beck’s creditors and for an accounting as to the amount due upon the alleged pledge of said stock to Josiah Barnett as trustee for certain of the defendants.
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Appeal from the Third District Court, Salt Lake Comity.— Hon. Ogden Hiles, Judge. Action by the plaintiff, as trustee in bankruptcy of John Beck, against the defendants, to obtain a decree declaring the transfers of certain stocks to defendant Cunningham fraudulent and void as to Beck’s creditors and for an accounting as to the amount due upon the alleged pledge of said stock to Josiah Barnett as trustee for certain of the defendants. Erom a decree in favor of the defendants, plaintiff appealed. The rules of law applicable to this case, and by which this transaction must be tested, are…
1Opinion of the CourtMiner, C. J.
The appellant claims that the court erred in its findings that Mr. Beck, for a valuable consideration, sold and assigned all his interest in the 51,000 shares of the Bullion-Beck stock to Mr. Cunningham, and that the sale was not made to defraud or delay Beck’s creditors, nor upon any secret trust or agreement; that the stock should be held by Cunningham as security for the sum paid by him; and for the reason that the evidence is insufficient to justify the findings, etc.
1. An examination of Mr. Beck’s testimony shows that he had no actual promise from Mr. Cunningham that the latter would…
2Cases cited9 opinions
- Howland v. BlakeSupreme Court of the United States · 1878
- Whitesides v. GreenUtah Supreme Court · 1896
- Chambers v. EmeryUtah Supreme Court · 1896
- Klopenstine v. HaysUtah Supreme Court · 1899
- Ewing v. KeithUtah Supreme Court · 1898
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3Cited by4 opinions
- Campbell v. GowansUtah Supreme Court · 1909
- Ronald v. SchoenfeldWashington Supreme Court · 1917
- In re Helin's EstateUtah Supreme Court · 1920
- Harter v. SorensenUtah Supreme Court · 1902