Hospes v. Northwestern Manufacturing & Car Co.
Supreme Court of Minnesota
Appeal by Charles L. Harding, The German-American National Bank, of Peoria, 111., The North National Bank, of Boston, Mass., and Everett B. Preston and William S. Nott, partners as Preston. & Nott, from an order of the district court for Washington county, McCluer, J., presiding, made in the above entitled action, confirming a sale to respondent, the Minnesota Thresher Mfg. Co., of the property of the defendant therein.
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Appeal by Charles L. Harding, The German-American National Bank, of Peoria, 111., The North National Bank, of Boston, Mass., and Everett B. Preston and William S. Nott, partners as Preston. & Nott, from an order of the district court for Washington county, McCluer, J., presiding, made in the above entitled action, confirming a sale to respondent, the Minnesota Thresher Mfg. Co., of the property of the defendant therein. The appellants are creditors of the defendant, who had proved their debts and become parties to the action, which was brought to wind up its affairs.
1Opinion of the Court
Mitchell, J.1
In May, 1884, the plaintiffs, judgment creditors, commenced this action under the provisions of Gen. St. 1878, c. 76, to have the defendant corporation adjudged insolvent, and a receiver of its property and estate appointed. The object of such an action is to wind up the affairs of the corporation, and to collect and convert its assets and appropriate them ratably among its creditors. Merchants’ Nat. Bank v. Bailey Mfg. Co., 34 Minn. 323, (25 N. W. Rep. 639.) On the 10th of the same month the court made an order appointing a receiver of all the property and assets of the…
2Cases cited2 opinions
- Merchants' National Bank v. Bailey Manufacturing Co.Supreme Court of Minnesota · 1885
- Blake v. LeeSupreme Court of Minnesota · 1888
3Cited by27 opinions
- Minnesota Thresher Manufacturing Co. v. LangdonSupreme Court of Minnesota · 1890
- Thoreson v. QuinnSupreme Court of Minnesota · 1914
- Fidelity-Philadelphia Trust Co. v. BrownSupreme Court of Minnesota · 1930
- Brown v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1890
- Northwestern National Bank v. Mickelson-Shapiro Co.Supreme Court of Minnesota · 1916
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