Legal Opinion

Osborn v. Fender

Supreme Court of Minnesota

Decided January 16, 1903No. Nos. 13,255-(193)Published

Appeal by defendant from an order of the district court for Bock county, P. E. Brown, J., sustaining a demurrer to a part of defendant’s answer.

1Opinion of the CourtLewis, J.

This action was brought by the receiver of one Kirkham, insolvent, to recover the value of certain property alleged to have been misappropriated by appellant, formerly the assignee of Kirk-ham, but who had been removed, and succeeded by respondent.

Among other things, appellant answered by alleging that subsequent to the time he was removed as assignee, and respondent appointed in his place, and prior to the commencement of this action, Kirkham filed his petition in bankruptcy in the United States district court, and thereafter such proceedings were taken *310that he was adjudged a bankrupt, his…

2Cases cited3 opinions

  1. In re MusseyDistrict Court, D. Massachusetts · 1900
  2. Lavender's Lessee v. GosnellCourt of Appeals of Maryland · 1875
  3. In re BatesDistrict Court, D. Vermont · 1900

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