F. Meyer Boot & Shoe Co. v. C. Shenkberg Co.
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. Action by the F. Meyer Boot & Shoe Company against the C. Shenkberg Company and N. Smith, to have declared void and set aside certain conveyances of personal property and for other relief. Judgment for defendants and plaintiff appeals. The facts are stated in the opinion. The,mortgage to defendants was a fraud upon the creditors of Curtis and was void.
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Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. Action by the F. Meyer Boot & Shoe Company against the C. Shenkberg Company and N. Smith, to have declared void and set aside certain conveyances of personal property and for other relief. Judgment for defendants and plaintiff appeals. The facts are stated in the opinion. The,mortgage to defendants was a fraud upon the creditors of Curtis and was void. Bookstoff v. Snyder, 74 N. W. 863; G-reeley v. Winsor, 1 S. D. 117. The transactions involved in the bills of sale from Curtis to Shenkberg Company and from Shenkberg…
1Opinion of the CourtCorson, P. J.
This is an action in equity brought by the plaintiff, a corporation, against the defendants, in which it prays the court to set aside a certain chattel mortgage on a stock of goods executed by one W. H. Curtis to one C. Shenkberg, and declare a bill of sale of the said Curtis to the C. Shenkb.erg Company, a corporation, and-a bill of sale made by the said C. Shenkberg Company to the defendant N. Smith, void, and that defendants be required to pay the value of the stock described in the said mortgage and bills of sale into court, to be applied upon a judgment obtained by the plaintiff against…
2Cases cited13 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Etheridge v. SperrySupreme Court of the United States · 1891
- Robinson v. ElliottSupreme Court of the United States · 1875
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Ephraim v. KelleherWashington Supreme Court · 1892
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3Cited by9 opinions
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- Apland v. PottSouth Dakota Supreme Court · 1902
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