Peabody v. Lloyds Bankers
North Dakota Supreme Court
Appeal from District Court, LaMoure County; Rose, J. Action by Kemper Peabody, as state examiner, plaintiff, and Winston, Farrington & Company and Duluth Dry Goods Company, each intervenors and appellants, against Lloyds Bankers and F. M. Kinter as receiver of Lloyds Bankers, defendants and respondents.
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Appeal from District Court, LaMoure County; Rose, J. Action by Kemper Peabody, as state examiner, plaintiff, and Winston, Farrington & Company and Duluth Dry Goods Company, each intervenors and appellants, against Lloyds Bankers and F. M. Kinter as receiver of Lloyds Bankers, defendants and respondents. This action was originally commenced by Kemper Peabody as state examiner against Lloyds Bankers a banking corporation under the state laws, to wind up the affairs of the corporation, defendant, and to forfeit its charter. The defendant F. M. Kinter, was appointed in said action as receiver of…
1Opinion of the CourtCorliss, J.
The strife in this cause is between the pledgee of a stock of goods and certain attaching creditors. As we view the case, it presents neither complicated questions of fact nor perplexing legal problems. Prior to January, 1889, E. H. Wilson was engaged in the mercantile business with a Mr. Dewey under the firm name of Wilson & Dewey. Becoming financially embarrassed, in January, 1889, they made a general assignment for the benefit of their creditors. In August, 1890, the assignee sold this stock of goods at public auction. On the sale the stock was purchased by Wilson in the name of M. R.…
2Cases cited32 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Lux v. HagginCalifornia Supreme Court · 1886
- Brown v. . BowenNew York Court of Appeals · 1864
- Fargo Gas & Coke Co. v. Fargo Gas & Electric Co.North Dakota Supreme Court · 1894
- Union National Bank v. OiumNorth Dakota Supreme Court · 1892
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