Macdonald v. First National Bank of Corunna
Supreme Court of Minnesota
Plaintiff, as receiver in insolvency of the J. H. Mahler Company, brought this action in the district court for Ramsey county, to avoid as an unlawful preference a transfer, by the insolvent to the defendant, of certain wagons, etc., of the value of $2,500. The defendant appeals from a judgment for plaintiff, entered on the decision of Brill, J., before whom the case was tried, without a jury.
1Opinion of the CourtDickinson, J.
This action by the -assignee (under our insolvent law) of an insolvent debtor is for the purpose of avoiding a transfer of personal property executed in writing by the insolvent to the .defendant, a creditor, as security for the debt. The conditions under which this was made were such that, by force of the .insolvent law, it was avoided by the insolvency proceedings, as an unlawful preference, unless that result is affected by the fact that the defendant, thus preferred, was a non-resident of the state. The contract was made in. this state, and the property in question was and still remains…
2Cases cited4 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Denny v. BennettSupreme Court of the United States · 1888
- Wendell v. LebonSupreme Court of Minnesota · 1883
- Bennett v. DennySupreme Court of Minnesota · 1885
3Cited by2 opinions
- In re KahnSupreme Court of Minnesota · 1893
- In Re DrenttelUnited States Bankruptcy Court, D. Minnesota · 2003