Cutter v. Pollock
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Action by Henry W. IC. Cutter and others against James R. Pollock and others to declare certain property a trust fund to be distributed proportionately among all the creditors of James R. Pollock, who had executed chattel mortgages on such property to certain of his creditors. Pending the action a receiver was appointed.
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Appeal from District Court, Cass County; McConnell, J. Action by Henry W. IC. Cutter and others against James R. Pollock and others to declare certain property a trust fund to be distributed proportionately among all the creditors of James R. Pollock, who had executed chattel mortgages on such property to certain of his creditors. Pending the action a receiver was appointed. From a judgment for defendants, and directing the fees and expenses of the receiver, which were not settled by the court, to be taxed by the clerk as costs, and inserted in the judgment, plaintiffs appeal. The record…
1Opinion of the CourtCorliss, J.
This case involves a question of statutory construction. The contention on the part of the plaintiffs and appellants is that the transaction to which we will refer constituted an assignment for the benefit of creditors containing preferences, and that therefore the transactions are without any other legal effect than to make the property to which they relate a trust fund to be distributed proportionately among all creditors of the owner of such property. The plaintiffs claiming to be creditors of James R. Pollock, commenced this action in equity to have the property referred to declared a…
2Cases cited24 opinions
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Preston v. SpauldingIllinois Supreme Court · 1887
- White v. CotzhausenSupreme Court of the United States · 1889
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- Crow v. BeardsleySupreme Court of Missouri · 1878
19 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bowersock Mills & Power Co. v. JoyceCourt of Appeals for the Eighth Circuit · 1939
- Smith v. BakerSupreme Court of Oklahoma · 1897
- Cutter v. PollockNorth Dakota Supreme Court · 1898
- Baird v. First National BankNorth Dakota Supreme Court · 1927
- Phillips v. PhillipsNorth Dakota Supreme Court · 1925
5 more not listed; retrieve them via the Exa API.