Wright v. Fergus Falls Nat. Bank
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court, Otter Tail county, Baxter, J., made August 25, 1891, refusing a new trial.
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Appeal by plaintiff from an order of the district court, Otter Tail county, Baxter, J., made August 25, 1891, refusing a new trial. The Page Flour Mills, a corporation at Fergus Falls, Minn., being insolvent, made an assignment October 25, 1890, of all its property to Charles D. Wright, the plaintiff, under Laws 1881, ch. 148, as amended by Laws 1889, ch. 30. Its as.sets inventoried at $38,409.15, and its liabilities at $97,990.69. Among its liabilities was a debt to Fergus Falls National Bank of about $45,000, on which the bank obtained judgment by default in the district court on October…
1Opinion of the CourtMitchell, J.
This action was brought by the plaintiff, as assignee of the Page Flour Mills, under the fourth section of the insolvent law of 1881, (Laws 1881, ch. 148,) to set aside, as an unlawful preference, a judgment obtained by the defendant bank against the insolvent by default, and on the same ground to recover payments on the debt sued on, made by the insolvent after the commencement of -the action and before judgment. Our views as to the weight and effect of the evidence are so at variance with those of the learned judges who tried the case that it becomes necessary to state the testimony…
2Cases cited3 opinions
- Wilson v. City BankSupreme Court of the United States · 1873
- Little, Assignee v. AlexanderSupreme Court of the United States · 1875
- In re Church & Graves Manufacturing Co.Supreme Court of Minnesota · 1889
3Cited by3 opinions
- Mack v. PrinceWest Virginia Supreme Court · 1895
- Yanish v. Pioneer Fuel Co.Supreme Court of Minnesota · 1895
- Fisher v. UtendorferSupreme Court of Minnesota · 1897