Kleinschmidt v. Steele
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Actiom against an assignee for the benefit of creditors and his assignors. A demurrer to the complaint was sustained by HuNt, J. I. An assignment for the benefit of creditors is a trust, and the most appropriate remedy for enforcing the performance of all trusts is to be found in a court of equity. (First Cong. Soc. y.
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Appeal from First Judicial District, Lewis and Clarice County. Actiom against an assignee for the benefit of creditors and his assignors. A demurrer to the complaint was sustained by HuNt, J. I. An assignment for the benefit of creditors is a trust, and the most appropriate remedy for enforcing the performance of all trusts is to be found in a court of equity. (First Cong. Soc. y. Trustees, 23 Pick. 148.) The trusts arising under general assignments for the benefit of creditors are, in a peculiar sense, the objects of equity jurisdiction. (1 Story on Equity Jurisprudence, §§ 1037-39,1057;…
1Opinion of the CourtDe Witt, J.
— The defendant, Steele, is an assignee for the benefit of the creditors of Hanley and Carter. The plaintiff, Kleinschmidt, is a creditor of Hanley and Carter.. Plaintiff brought this action in the district court against the assignee and the assignors. A demurrer to the complaint was sustained, on the ground that the same did not state facts sufficient to constitute a cause of action. The appeal is taken from the judgment.
Different counsel for plaintiff and appellant appear in this court than in the district court, and there is not entire harmony in their views as to the nature of the action…
Also in this document: Concurrence.
2Cases cited1 opinion
- Davis v. DavisMontana Supreme Court · 1890
3Cited by10 opinions
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- State ex rel. Russel v. TookerMontana Supreme Court · 1896
- Malvaney v. YagerMontana Supreme Court · 1936
- Anaconda Copper Mining Co. v. ThomasMontana Supreme Court · 1913
- Pittsmont Copper Co. v. O'RourkeMontana Supreme Court · 1914
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