Beaupre v. Noyes
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. The case, as stated by the court, was as follows : This action was brought in the District Court of Eamsey County, Minnesota, by the defendants in error, partners as Noyes Bros. & Cutler, against the plaintiffs in error, partners as Beaupré, Keogh & Co., each firm doing business in the city of St. Paul.
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ERROR TO THE SUPREME COURT OF THE STATE OF MINNESOTA. The case, as stated by the court, was as follows : This action was brought in the District Court of Eamsey County, Minnesota, by the defendants in error, partners as Noyes Bros. & Cutler, against the plaintiffs in error, partners as Beaupré, Keogh & Co., each firm doing business in the city of St. Paul. The complaint alleges that Charles Young, engaged in gei. - ■eral mercantile business at Forsyth, in Custer County, Montana, being insolvent, and indebted to many persons, —among others, to the plaintiffs in the sum of $425.71, and to' the…
1Opinion of the CourtJustice Harlan
The contention of the plaintiffs in error is, that by the statutes of the Territory of Montana, above quoted, the alleged assignment by Young to Winchester Avas conclusively fraudulent as to them, for the want of the immediate delivery, followed by an actual and continued change of possession, of the goods assigned; that their right to so treat the assignment, although such right was specially set up and claimed, was denied; and that, consequently, they were denied a right arising under an authority exercised under the United States. Whether the state court so interpreted the Territorial…
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