Cupit v. Park City Bank
Utah Supreme Court
Appeal from the District Court of the Third Judicial District. Hon. George W. Bartch, Judge. Action by Thomas Cupit against the Park City Bank. From an order granting a motion to discharge the attachment and overruling a motion to -strike defendant’s notice of motion and affidavit from the files, plaintiff appeals.
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Appeal from the District Court of the Third Judicial District. Hon. George W. Bartch, Judge. Action by Thomas Cupit against the Park City Bank. From an order granting a motion to discharge the attachment and overruling a motion to -strike defendant’s notice of motion and affidavit from the files, plaintiff appeals. The opinion states the facts except the following: That the Park City Bank, a corporation, doing a general banking business at Park City, Summit county, Utah, made an assignment on the 12th day of June, 1893, to Edwin Kim-ball, in trust for all its creditors without preference.…
1Opinion of the Court
MINER, J.:
This action comes here on appeal from an order discharging the attachment. The writ of attachment was issued upon an affidavit which set forth, as a ground for issuing the writ, “ that the defendant had disposed of its property with intent to defraud its creditors,55 and, as a further ground, “that the defendant fraudulently took plaintiff’s $2,000 on the 7th of June, 1893, knowing well that it, the defendant, was insolvent; that the defendant *296fraudulently took the said. M. S. Ascbeim Mercantile Com.pany’s 1873.12, knowing well that it, the said defendant, was insolvent. ” This…
2Cases cited4 opinions
- Freeborn v. GlazerCalifornia Supreme Court · 1858
- Donnelly v. StruevenCalifornia Supreme Court · 1883
- Loucks v. EdmondsonCalifornia Supreme Court · 1861
- Osborne v. RobbinsMichigan Supreme Court · 1862
3Cited by3 opinions
- Hilton Bros. Motor v. District Court Ex Rel. Millard CountyUtah Supreme Court · 1933
- Omaha Upholstering Co. v. Chauvin-Fant Furniture Co.Montana Supreme Court · 1896
- Cupit v. Park City BankUtah Supreme Court · 1895