Security Bank v. Beede
Supreme Court of Minnesota
In February, 1887, the defendants, partners as Beede & Bray, made a voluntary assignment to Henry P. Herring for the benefit of their creditors, under the provisions of the insolvency act of 1881. Thereafter the plaintiff brought this action in the district court for Hennepin county, and garnished the assignee.
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In February, 1887, the defendants, partners as Beede & Bray, made a voluntary assignment to Henry P. Herring for the benefit of their creditors, under the provisions of the insolvency act of 1881. Thereafter the plaintiff brought this action in the district court for Hennepin county, and garnished the assignee. Upon application of the garnishee, showing that he held no property of defendants except under the assignment, an order was made by Rea, J., dissolving the garnishment and discharging the garnishee, from which order the plaintiffs appeal. cited May v. Walker, 35 Minn. 194, (28 N. W.…
1Opinion of the Court
Gilfillan, C. J.1
The only question in the case is whether a certain assignment executed by the defendant, under the insolvent law of the state, is an assignment of only partnership property, or is operative to also transfer their separate property. The assignment differs from that in May v. Walker, 35 Minn. 194, (28 N. W. Rep. 252,) in that the operation of the latter was, by its express terms, restricted to partnership property. This assignment recites “that *528Bichard D. Beede and George W. Bray, composing the firm of Beede- & Bray,” are indebted, etc., and are unable to discharge their just…
2Cases cited3 opinions
- May v. WalkerSupreme Court of Minnesota · 1886
- Baker v. SheehanSupreme Court of Minnesota · 1882
- Prosser v. HartleySupreme Court of Minnesota · 1886
3Cited by5 opinions
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- Farwell, Ozmun, Kirk & Co. v. BrooksSupreme Court of Minnesota · 1896
- Rogers v. ACME OIL TOOL COMPANYSupreme Court of Oklahoma · 1956