Masterman v. Lumbermen's National Bank
Supreme Court of Minnesota
Action in the district court for Washington county by W. C. Masterman, as receiver of defendant R. J. Wheeler, against Lumbermen’s National Bank of Stillwater and said Wheeler. E. W. Durant intervened. The case was tried without a jury before Williston, J., who ordered judgment in favor of defendant bank and against plaintiff, and in favor of the intervenor and against defendant bank, as stated in the opinion..
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Action in the district court for Washington county by W. C. Masterman, as receiver of defendant R. J. Wheeler, against Lumbermen’s National Bank of Stillwater and said Wheeler. E. W. Durant intervened. The case was tried without a jury before Williston, J., who ordered judgment in favor of defendant bank and against plaintiff, and in favor of the intervenor and against defendant bank, as stated in the opinion.. From an order denying a motion for a new trial plaintiff appealed.
1Opinion of the CourtCollins, J.
This was an action to avoid and set aside an alleged unlawful and fraudulent preference said to have been made in February, 1893, to defendant bank by one E. J. Wheeler.
The complaint was in the usual form, alleging Wheeler’s insolvency, and the appointment, of the plaintiff as receiver under the statute, the insolvent’s indebtedness to the bank and to other persons, and that Wheeler, while so insolvent, and with intent to give an unlawful and forbidden preference, did transfer and convey to it as security for its claim a large quantity of real and personal property, the most of it being…
2Cases cited1 opinion
- Brown v. MorrillSupreme Court of Minnesota · 1891
3Cited by1 opinion
- National Citizens Bank v. McKinleySupreme Court of Minnesota · 1915