Reed v. McIntyre
Supreme Court of the United States
Appeal from tbe Circuit Court of tbe United States for tbe District of Minnesota. William H. Sbuey, a merchant at St. Paul, Minn., executed, March 13, 1874, a deed of assignment conveying bis entire property, including his stock in trade, to William S. Combs in trust, for tbe equal benefit of all bis creditors. Upon tbe same day, immediately after tbe acknowledgment of the deed, Combs entered upon tbe discharge of bis duties as assignee, and took possession of Shuey’s stock.
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Appeal from tbe Circuit Court of tbe United States for tbe District of Minnesota. William H. Sbuey, a merchant at St. Paul, Minn., executed, March 13, 1874, a deed of assignment conveying bis entire property, including his stock in trade, to William S. Combs in trust, for tbe equal benefit of all bis creditors. Upon tbe same day, immediately after tbe acknowledgment of the deed, Combs entered upon tbe discharge of bis duties as assignee, and took possession of Shuey’s stock. During the succeeding day, Mrs. Reed obtained a judgment in one of the State courts of Minnesota against Barnard and…
1Opinion of the Court
Mu. Justice Harlan,
after stating the case, delivered the opinion of the court.
It is stated in the printed argument of counsel for the appellee, and the statement is not controverted by opposing counsel, that at the date of the assignment to Combs there was no statute of Minnesota relating to assignments by debtors for the benefit of creditors.
In determining, therefore, the validity and effect of the assignment in question, we must look to the doctrines of the common law and to the provisions of the Bankrupt Act.
The assignment to Combs was, according to the evidence in this cause, made in good…
2Cases cited5 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Mayer v. HellmanSupreme Court of the United States · 1876
- Buchanan v. SmithSupreme Court of the United States · 1873
- In re BeisenthalU.S. Circuit Court for the District of Northern New York · 1877
- Everett v. StoneU.S. Circuit Court for the District of Maine · 1844
3Cited by34 opinions
- West Co. v. LeaSupreme Court of the United States · 1899
- Lasich v. Estate of Wickstrom (In Re Wickstrom)United States Bankruptcy Court, W.D. Michigan · 1990
- Boese v. KingSupreme Court of the United States · 1883
- Boyd v. Dock's Corner Associates (In Re Great Northern Forest Products, Inc.)United States Bankruptcy Court, W.D. Michigan · 1991
- Butler v. WilkinsonUtah Supreme Court · 1987
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