Guerin v. Hunt
Supreme Court of Minnesota
APPEAR EEOM THE DISTRICT COUET OE EAMSEY COUNTY. Points and Authorities of Appellant. The first exception relied upon is found in folio 67. One of the “ badges of fraud” is the insolvency of the Assignee; another, his incompetency. Proof going to establish such or analogous facts, is always admitted against the integrity of the assignment, and is always explainable by other facts indicating good faith.
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APPEAR EEOM THE DISTRICT COUET OE EAMSEY COUNTY. Points and Authorities of Appellant. The first exception relied upon is found in folio 67. One of the “ badges of fraud” is the insolvency of the Assignee; another, his incompetency. Proof going to establish such or analogous facts, is always admitted against the integrity of the assignment, and is always explainable by other facts indicating good faith. Burrill on Assignments p. 400. Precisely the same doctrine was enunciated by this Court in Filly etals. vs. Register, 4 Mim. R. 405; [Opinion of Court.] Proof was there offered showing the…
1Opinion of the Court
By the Oowrt —
FlaNdbau, J.
— This action is to recover the value of certain chattels alleged to have been wrongfully taken by the Defendants from the Plaintiff. The defence is, that the Plaintiff is assignee of Louis Bartlett,'Jr., and Fir-man Oazean. That the assignment is fraudulent. That the Defendants are creditors of the assignors, and that the taking was for their debt and made under attachment duly issued and levied, &c. Upon the trial the assignment was' attacked as being fraudulent in fact, having been made to hinder and delay the creditors of the assignors, The first evidence that…
2Cases cited1 opinion
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
3Cited by9 opinions
- Barnes v. VerrySupreme Court of Minnesota · 1923
- Consolidation of School District No. 30 v. Consolidated School District No. 30Supreme Court of Minnesota · 1921
- McArthur v. ClarkSupreme Court of Minnesota · 1902
- Curtiss v. LivingstonSupreme Court of Minnesota · 1887
- Lindholm v. Itasca Lumber Co.Supreme Court of Minnesota · 1896
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