Williams v. Frost
Supreme Court of Minnesota
Plaintiff as assignee of the firm of Fairbanks & Yandervelde, (and duly appointed successor of John J. Penner, the original assignee,) brought this action in the district court for Anoka county to recover the value of certain personal property taken and sold by the defendant, as sheriff of that county, by virtue of an execution against the firm. At the trial, before Young, J., the plaintiff had a verdict; a new trial was refused, and the defendant appealed.
1Opinion of the CourtBerry, J.
The question in this case is whether a certain assignment for the benefit of creditors, made in January, 1879, is valid against an attaching creditor. The important facts are these: George H. Fairbanks and Ñeco J. Yandervelde were partners in trade, doing business at Anoka, ins this state, under the name of Fairbanks & Vandervelde. The» firm was in debt and insolvent. Between January 1 and 5, 1S79, Yandervelde went to Holland, having been called there*257by the illness of his mother. He remained until after her death, returning to this country in April following. Before he w'ent to Holland he…
2Cases cited1 opinion
- Stein v. LaDowSupreme Court of Minnesota · 1868
3Cited by4 opinions
- Keller v. HawkSupreme Court of Oklahoma · 1907
- Hanson v. MetcalfSupreme Court of Minnesota · 1891
- Bigelow v. LivingstonSupreme Court of Minnesota · 1881
- Corbett v. CannonSupreme Court of Kansas · 1896