Legal Opinion

Davis v. Jewett Bros. & Jewett

South Dakota Supreme Court

Decided November 11, 1903Published

Appeal from ¿circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by Joseph C. Davis, trustee of the estate of Matous Novotny, bankrupt,"against Jewett Bros. & Jewett, a corporation. Judgment for defendant. Plaintiff appeals.

1Opinion of the CourtFuller, J.

The defendant corporation obtained judgment against Matous Novotny within four months immediately preceding the filing of a petition for his involuntary bankruptcy, and this action by the chosen trustee in bankruptcy is to recover the value of certain personal property sold on execution at the instance of an assignee of such judgment in satisfaction thereof. There was a directed verdict for the defendant, and plaintiff appeals from a judgment dismissing his complaint.

Chronologically stated, the fact essential to the only question of law necessary to be determined are these: On the 26th day of…

2Cases cited2 opinions

  1. Doyle v. HeathSupreme Court of Rhode Island · 1900
  2. In re Beaver Coal Co.District Court, D. Oregon · 1901

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