Grant v. Powers Dry Goods Co.
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. J. H. McCoy, Judge. Action-by C. H. Grant, trustee for O. O. Brantseg, a bankrupt, against the Powers Dry Goods Company. Judgment for plaintiff, and defendant appeals. The general rule is that a state of facts once shown to exist is ordinarily presumed to exist until the contrary is sho-wn, but this presumption is not retroactive.
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Appeal from Circuit Court, Roberts County. Hon. J. H. McCoy, Judge. Action-by C. H. Grant, trustee for O. O. Brantseg, a bankrupt, against the Powers Dry Goods Company. Judgment for plaintiff, and defendant appeals. The general rule is that a state of facts once shown to exist is ordinarily presumed to exist until the contrary is sho-wn, but this presumption is not retroactive. Da,wson on Presump,, p. 238; Martyn v. Curtis, 67 Vt. 263. One can be adjudged a bankrupt under the Bankruptcy Act and yet not be insolvent. West Company v. Dee, 174 U. S. 590. Notice that a debtor has not -paid a…
1Opinion of the CourtWhiting, J.
This cause comes before .this court upon an appeal from the judgment of -the court in favor of the plaintiff, and also from the order of said court refusing a ne;w trial.- The case was tried before a jury, and the judgment rendered upon the verdict of such jury.
This action is brought by the plaintiff, as trustee for an insolvent bankrupt, to recover from the defendant a sum. of money ■which the said plaintiff alleges that the insolvent paid to- the defendant a few days prior to filing petition in insolvency, and plaintiff claims that the bankrupt was insolvent at the time of such payment, and…
2Cases cited2 opinions
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