Wilson v. Sullivan
Utah Supreme Court
Appeal from district court, Fifth district; E. V. Higgins, Judge. Action by E. G. Wilson against John T. Sullivan for conversion. Plaintiff bad judgment, and defendant appeals. It bas been held that an assignment by a firm which contains preferences or exacts releases, must assign all the individual as well as partnership property.
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Appeal from district court, Fifth district; E. V. Higgins, Judge. Action by E. G. Wilson against John T. Sullivan for conversion. Plaintiff bad judgment, and defendant appeals. It bas been held that an assignment by a firm which contains preferences or exacts releases, must assign all the individual as well as partnership property. Insurance Co. v. Wallis, 23 Md. 173; Henderson v. Bliss, 8 Ind. 100; In re Allen, 41 Minn. 430; Thomas v. Jenks, 5 Eawle 221; Leaving v. Brinkerhoff, 5 Johns chp. 329; McFarland v. Bate, 25 Pac. Eep. 238. See Stanford v. Lockwood, 95 N. Y. 582; Spencer v. Jackson,…
1Opinion of the Court
Minee, J.:
It appears from the complaint: That in August, 1896, W. F. Sehriver ánd Hannah Tucker were co-partners doing a general mercantile business at Eureka under the. firm name and style of W. F. Sehriver & Co. On the 20th day of August, 1896, Sehriver & Co. made a general assignment of all their property, for the benefit of their creditors, to plaintiff, R. G-. Wilson, as trustee. Wilson immediately took possession of the assigned property, *346consisting of a store building, with a large quantity of merchandise and other property. On the 25th day of August, defendant, Sullivan, as sheriff of…
2Cases cited20 opinions
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