Maclaren v. Kramar
North Dakota Supreme Court
Appeal from District Court, McHenry County; A. G. Burr, J. From a judgment in defendant’s favor, plaintiff appeals. The deed of assignment is valid. In the absence of fraud, every contract of a debtor is valid against his creditors who have not a lien on the property affected. Eev. Codes 1905, § 6634. A debtor may prefer one creditor to another. Eev. Codes 1905 § 6635. The question as to whether a transfer is fraudulent is, in this state, one of fact, and not one of law.
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Appeal from District Court, McHenry County; A. G. Burr, J. From a judgment in defendant’s favor, plaintiff appeals. The deed of assignment is valid. In the absence of fraud, every contract of a debtor is valid against his creditors who have not a lien on the property affected. Eev. Codes 1905, § 6634. A debtor may prefer one creditor to another. Eev. Codes 1905 § 6635. The question as to whether a transfer is fraudulent is, in this state, one of fact, and not one of law. Eev. Codes 1905, § 6640. Voluntary general assignments by failing debtors, unless prohibited by statute, are valid. 3 Pom.…
1Opinion of the CourtEisK, J.
This is an action to recover for the alleged conversion by defendant Kramar, who was sheriff of McHenry county, of certain personal property claimed to belong to plaintiff, and which such sheriff levied upon under an execution issued on a judgment against one Wellington I. Ginther, wherein the Eirst National Bank of Waterloo, Iowa, is the judgment creditor. Pursuant to such levy the defendant took the property into his possession, and subsequently sold the same at public auction to satisfy the amount called for by the execution. The property consisted of a portion of a general stock of…
2Cases cited15 opinions
- McAvoy v. JenningsWashington Supreme Court · 1906
- Hedderich v. HedderichNorth Dakota Supreme Court · 1909
- May v. WalkerSupreme Court of Minnesota · 1886
- Sandwich Manufacturing Co. v. MaxSouth Dakota Supreme Court · 1894
- Banning v. MarleauCalifornia Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ennis v. Retail Merchants Ass'n Mutual Fire InsuranceNorth Dakota Supreme Court · 1916
- Brekke v. CrewSouth Dakota Supreme Court · 1920
- John Miller Co. v. Harvey Mercantile Co.North Dakota Supreme Court · 1917
- Brown, Eager & Hull Co. v. MosierMichigan Supreme Court · 1915
- Holler v. AmodtNorth Dakota Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.