Rosenstein v. Coleman
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Action by assignee for conversion. Judgment was rendered for the plaintiff below by McHatton, J. Statement of the case by the justice delivering the opinion. The plaintiff, Anna Rosenstein, brought this action as the assignee for the benefit of the creditors of Isadore Rosenstein. She sued the defendants, who were, ■ respectively, a justice of the peace and a constable of Silver Bow county.
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Appeal from Second Judicial District, Silver Bow County. Action by assignee for conversion. Judgment was rendered for the plaintiff below by McHatton, J. Statement of the case by the justice delivering the opinion. The plaintiff, Anna Rosenstein, brought this action as the assignee for the benefit of the creditors of Isadore Rosenstein. She sued the defendants, who were, ■ respectively, a justice of the peace and a constable of Silver Bow county. Her complaint alleged that Isadore Rosenstein assigned his stock in trade, consisting of merchandise, to her for the benefit of his creditors; that…
1Opinion of the CourtHunt, J.
The important question in this case' is whether an assignment which empowers the assignee to sell and dispose of the assigned property as he may deem best, either for cash, or on time or for credit, is fraudulent and void as to creditors. The district court held it was not, and submitted the question of fraud to a jury. But after careful consideration we understand the law to be that such an instrument is fraudulent.
It is a well established principle that a debtor making an assignment can authorize no delay whatever, except such as is necessarily incident to the creation of the trust. This…
Also in this document: Concurrence.
2Cases cited7 opinions
- Reade v. LivingstonNew York Court of Chancery · 1818
- Dunham v. . WatermanNew York Court of Appeals · 1858
- Barney v. . GriffinNew York Court of Appeals · 1849
- Gardner v. Commercial National BankIllinois Supreme Court · 1880
- Hutchinson v. LordWisconsin Supreme Court · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Patrick & Co. v. McDonnellMontana Supreme Court · 1921
- Willoughby v. ReynoldsMontana Supreme Court · 1897