Galbraith v. Whitaker
Supreme Court of Minnesota
Action by the trustee in bankruptcy of the Washington County Co-operative Company to recover $400, the value of property belonging to the insolvent which defendants levied on and sold upon execution, the same constituting a preference in favor of defendants, an unlawful preference alleged to have been paid defendants. The case was tried before Dickson, J., and a jury which returned a verdict in favor of defendants.
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Action by the trustee in bankruptcy of the Washington County Co-operative Company to recover $400, the value of property belonging to the insolvent which defendants levied on and sold upon execution, the same constituting a preference in favor of defendants, an unlawful preference alleged to have been paid defendants. The case was tried before Dickson, J., and a jury which returned a verdict in favor of defendants. From an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.
1Opinion of the CourtBunn, J.
This action was brought by plaintiff as trastee in bankruptcy of the Washington County Co-operative Company to recover an unlawful preference alleged to have been received by defendants. The issues were tried and submitted to a jury, which returned a verdict in favor of defendants. Plaintiff appeals from an order denying his motion for judgment notwithstanding the verdict or for a new trial.
The assignments of error raise the questions of whether the trial court erred in refusing to direct a verdict for plaintiff, or in its instructions to the jury, and whether the verdict is sustained by the…
2Cases cited3 opinions
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- McElvain v. HardestyCourt of Appeals for the Eighth Circuit · 1909
- In re StegeCourt of Appeals for the Second Circuit · 1902
3Cited by11 opinions
- Paraffine Oil Co. v. CruceSupreme Court of Oklahoma · 1916
- Young v. Scandore Paper Box Corp. (In Re Lucasa International, Ltd.)United States Bankruptcy Court, S.D. New York · 1981
- Adler v. GreenfieldCourt of Appeals for the Second Circuit · 1936
- Nogi v. GreenwoodDistrict Court, M.D. Pennsylvania · 1932
- Martin v. A. Y. McDonald Manufacturing Co.Supreme Court of Minnesota · 1924
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