Second National Bank v. Schranck
Supreme Court of Minnesota
On March 5, 1889, one John Kraus brought suit against defendant Schranck, in a justice’s court in St. Paul, and one Geo. W. Walsh was summoned as garnishee. On the same day Schranck made a general assignment to defendant Albert W. Sehwabe of all his property not exempt from execution, for the benefit of such of his creditors as should file releases, the assignment reciting the garnishment proceedings, and purporting to be made under the insolvent law.
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On March 5, 1889, one John Kraus brought suit against defendant Schranck, in a justice’s court in St. Paul, and one Geo. W. Walsh was summoned as garnishee. On the same day Schranck made a general assignment to defendant Albert W. Sehwabe of all his property not exempt from execution, for the benefit of such of his creditors as should file releases, the assignment reciting the garnishment proceedings, and purporting to be made under the insolvent law. (Laws 1881, c. 148.) On March 11, 1889, Sehwabe accepted the trust, and on that day the assignment, with his acceptance, was filed in the…
1Opinion of the CourtCollins, J.
In all of the cases heretofore considered by this court, in which the point might have been raised, it has been assumed that a deed of assignment, regular upon its face, purporting to have been made by virtue of the provisions of chapter 148, Laws 1881, but actually unwarranted by the existence of the facts which alone would justify such an assignment, could be attacked and assailed collaterally; for instance, by proceedings in garnishment against the person who has *40qualified as assignee, as was attempted in this case. The correctness of this practice has never been questioned, and, as a…
2Cases cited3 opinions
- In re MannSupreme Court of Minnesota · 1884
- Clark v. StantonSupreme Court of Minnesota · 1877
- Lord v. MeachemSupreme Court of Minnesota · 1884
3Cited by5 opinions
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Hamilton Brown Shoe Co. v. AdamsWashington Supreme Court · 1892
- Holtoquist v. ClarkSupreme Court of Minnesota · 1894
- Lanpher v. BurnsSupreme Court of Minnesota · 1899
- Staples v. Schulenburg & Boeckeler Lumber Co.Supreme Court of Minnesota · 1895