McCord-Norton Shoe Co. v. Brown

The opinion of the court was delivered by

Johnston, C. J.:

Was the plaintiff, a creditor, entitled to maintain a garnishment proceeding against a trustee to whom an insolvent merchant transferred all of his property for the benefit of creditors that should accept under the provisions of a trust mortgage which he executed? — is the principal question presented for review. The claimed right was denied by. the district court, and plaintiff appeals.

It appears that Karl E. Brown, who had been engaged for some time in merchandising, had become insolvent. He had on hand June 18, 1928, a stock of…