Legal Opinion
Smith v. Retail Merchants' Fire Insurance Co.
South Dakota Supreme Court
Decided July 10, 1916No. File No. 3942Published
Appeal from Circuit Court, Minnehaha County. How. Joseph W. Jones, Judge. Action by Hugh Smith, 'trustee, against the Retail Merchants Fire Insurance Co. of South Dakota, from a judgment for Defendant. Plaintiff appeals. (1) To .point one of the opinion, Respondent cited: Copiah v. Eastwood, 145 N. W. 431.
1Opinion of the CourtMcCO'Y, J.
[1, 2] This is the second time this case has been before this court. The former opinion will be found in 29 S. D. 332, 137 N. W. 47, 42 L. R. A. (N. S.) 173. That decision became the law of this case. There is nothing now before the court,, so far as' shown by the record, that was not before the court then. In the former decision it was said:
“It is not every transfer or incumbrance by a person within four months of the time when such person 'becomes an adjudicated bankrupt that is void. There are no .facts alleged in either the complaint of plaintiff or intervener that would render the said…
2Cases cited1 opinion
- Smith v. Retail Merchants' Fire Ins.South Dakota Supreme Court · 1912