Minneapolis Trust Co. v. School District No. Five
Supreme Court of Minnesota
Action in the district court for Pine county, Crosby, J., by the Minneapolis Trust Company, as assignee of Martin Bing, insolvent, against school district No. 5 of Pine county. The action having been dismissed and an order denying a motion for a new trial made, plaintiff appeals.
1DissentCanty, J.
I concede that the assignment in question is void, as against the creditors of the assignor, for the reason that he cannot delegate his statutory power to select an assignee; but I see no reason why the assignor may not subscribe the deed of assignment by or through an attorney duly authorized by an instrument executed and acknowledged as the law requires the deed of assignment itself to be. As to delegating the power to determine or declare himself insolvent, there is nothing in the point. If the assignor is in fact insolvent, it is sufficient to support an assignment under the insolvency…
2Cases cited7 opinions
- Becker v. HolmWisconsin Supreme Court · 1894
- Geisse v. BeallWisconsin Supreme Court · 1854
- Rumery v. McCullochWisconsin Supreme Court · 1882
- Stewart v. M'MinnSupreme Court of Pennsylvania · 1842
- Chattanooga Stove Co. v. AdamsSupreme Court of Georgia · 1888
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