Fullington v. Northwestern Importers' & Breeders' Ass'n
Supreme Court of Minnesota
Appeal by plaintiff, Walter C. Fullington, from a judgment of the district court of Hennepin county, Hicks, J., entered September 20,. 1891. On March 11, 1886, plaintiff conveyed to the Northwestern Importers’ & Breeders’ Association land in Minnesota subject to a mortgage, which it assumed and agreed to pay.
Read the full summary
Appeal by plaintiff, Walter C. Fullington, from a judgment of the district court of Hennepin county, Hicks, J., entered September 20,. 1891. On March 11, 1886, plaintiff conveyed to the Northwestern Importers’ & Breeders’ Association land in Minnesota subject to a mortgage, which it assumed and agreed to pay. The mortgage was foreclosed and the land sold October 11,1889, but it did not bring enough to pay the mortgage debt; and plaintiff was compelled to, and did on January 16, 1890, pay the deficiency, $6,369.49. He brought this action August 5, 1890, to recover this sum of that corporation…
1Opinion of the CourtGilfillan, C. J.
The nature of the instrument under which the garnishee defendant claims title to the property is, as the plaintiff claims it to be, a common-law assignment for the benefit of creditors. Although it is not very clear that the assignor had at its date any creditors who did not assent to by signing it, we may assume that he had, and that, as to them, the assignment is fraudulent, and consequently void. There is no evidence of any intent to defraud any who might become creditors after its execution; that it was made with any reference to or in contemplation of future debts of the assignor; and…
2Cases cited7 opinions
- Stone v. MyersSupreme Court of Minnesota · 1864
- Hartman v. WeilandSupreme Court of Minnesota · 1886
- Walsh v. ByrnesSupreme Court of Minnesota · 1888
- Bruggerman v. HoerrSupreme Court of Minnesota · 1862
- Bloom v. MoySupreme Court of Minnesota · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- First National Bank v. BaylessSupreme Court of Georgia · 1895
- In re Petters Co.United States Bankruptcy Court, D. Minnesota · 2013
- Williams v. KemperSupreme Court of Minnesota · 1906
- Seager v. ArmstrongSupreme Court of Minnesota · 1905
- Nielson v. LarsonSupreme Court of Minnesota · 1924
6 more not listed; retrieve them via the Exa API.