Duluth Trust Co. v. Clark
Supreme Court of Minnesota
Appeal by plaintiff, as assignee of the B. B. Richards Lumber Company, from an order of the district court for St. Louis county, Moer, J., denying its motion for a new trial; the action having been dismissed when plaintiff rested.
1Opinion of the CourtMitchell, J.
This action was brought to recover back $5,000 paid by the insolvent assignor to the defendant in September, 1896, upon the ground that it was made in contemplation of insolvency, with a view of giving the defendant a preference over other creditors, and that the defendant knew, or had reasonable cause to believe, that his debtor was insolvent.
While plaintiff’s counsel in his brief disputes the fa<jt, yet the evidence is conclusive that the payment was made on the contract of October, 1894, between the defendant and insolvent, set up in the answer. The fact that it was paid on interest, and…
2Cited by1 opinion
- Clarke v. National Citizens' BankSupreme Court of Minnesota · 1898