McCormick Harvester Machine Co. v. Caldwell
North Dakota Supreme Court
Appeal from District Court, Pembina county; Kneeshaw, J. Action by the McCormick Plarvester Machine Company against the Citizens’ Bank of Drayton. Judgment for defendant, and plaintiff appeals. A debtor cannot, as against other .creditors, transfer his property . to one creditor, by an instrument purporting to convey an absolute title, but in fact as security; such conveyance, irrespective of intent, is a fraud on creditors. First Nat.
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Appeal from District Court, Pembina county; Kneeshaw, J. Action by the McCormick Plarvester Machine Company against the Citizens’ Bank of Drayton. Judgment for defendant, and plaintiff appeals. A debtor cannot, as against other .creditors, transfer his property . to one creditor, by an instrument purporting to convey an absolute title, but in fact as security; such conveyance, irrespective of intent, is a fraud on creditors. First Nat. Bank v. Comfort, 4 Dak. 167, 28 N. W. 855; Lukins et al. v. Aird et al., 6 Wall. 78, 18 L. Ed. 750; Switz v. Bruce, 20 N. W. 639; Chenery v. Palmer, 6 Cal.…
1Opinion of the CourtMorgan, C. J.
The plaintiff brought an action against defendant Caldwell to recover upon a promissory note given by him to the plaintiff. At the time of issuing the summons in the action, the plaintiff also commenced a garnishee action or proceeding against the Citizens’ Bank of Drayton and John R. Plogg, claiming that they had money or property in their hands belonging to the defendant. The plaintiff instituted the garnishee action or proceeding by filing and serving the affidavit prescribed by section 5383, Rev. Codes 1899, and the garnishee answered by serving their affidavits prescribed by section…
2Cases cited8 opinions
- Merchants State Bank v. TuftsNorth Dakota Supreme Court · 1905
- Samuel v. KittengerWashington Supreme Court · 1893
- Newell v. WagnessNorth Dakota Supreme Court · 1890
- Rawson v. PlaistedMassachusetts Supreme Judicial Court · 1890
- McFarlane v. LoudenWisconsin Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Town of Argos v. HarleyIndiana Court of Appeals · 1943
- Moores v. TomlinsonNorth Dakota Supreme Court · 1916
- Godman v. OlsonNorth Dakota Supreme Court · 1917