Charles Lippincott & Co. v. Rich
Utah Supreme Court
Appeal from tbe Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action by plaintiff in claim and delivery to recover possession of a certain soda fountain and for damages for its detention. From a judgment for defendants plaintiffs appeal.
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Appeal from tbe Third District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action by plaintiff in claim and delivery to recover possession of a certain soda fountain and for damages for its detention. From a judgment for defendants plaintiffs appeal. That the deed of assignment empowering the assignee to sell on credit is fraudulent and void, see Bern v. Shaughnessy, 2 Utah, 492 ; Sphrecht v. Parsons, 7 Utah, 107. The appellant was not bound to accept any tender made at the time and in the manner alleged in the answer. Dermott v. Jones, 2 Wall., 1 ; School Trustees v. Bennett, 27 N. J.…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
The respondents, defendants below, to maintain. their defense, introduced in evidence the deed of assignment from Horn and the Wasatch Drug Company to Forbes, to which appellant objected on the ground that it was fraudulent and void as to creditors and as to the appellant, and that the assignee therein was empowered to dispose of the assigned property for cash at public or private sale, or on time, with good security if sold in bulk, as the assignee might deem most beneficial to the interests of the creditors. The objection was overruled and the assignment introduced…
3Cases cited15 opinions
- Porter v. . Williams and ClarkNew York Court of Appeals · 1853
- Thirlby v. RainbowMichigan Supreme Court · 1892
- Nicholson v. . LeavittNew York Court of Appeals · 1852
- Kohler v. HayesCalifornia Supreme Court · 1871
- Bowen v. ParkhurstIllinois Supreme Court · 1860
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4Cited by7 opinions
- Freed Furniture & Carpet Co. v. SorensenUtah Supreme Court · 1905
- Standard Steam Laundry v. DoleUtah Supreme Court · 1900
- Truitt v. Patten, SheriffUtah Supreme Court · 1930
- National Cash Register Co. v. WapplesWashington Supreme Court · 1909
- Charles Lippincott & Co. v. RichUtah Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.