Fisher v. Utendorfer
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Sibley county, Cadwell, J., denying a new trial. The judgment lien on the debtor’s real estate did not constitute an unlawful preference, for there was no intention on the part of the judgment debtor to give a preference.
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Appeal by plaintiff from an order of the district court for Sibley county, Cadwell, J., denying a new trial. The judgment lien on the debtor’s real estate did not constitute an unlawful preference, for there was no intention on the part of the judgment debtor to give a preference. Wright v. Fergus Falls, 48 Minn. 120; In re Church, 40 Minn. 39. Nor had the judgment creditors reasonable cause to believe their debtor insolvent. , It is only when made to appear that the creditor had knowledge of such facts as are clearly sufficient to put him upon inquiry that he becomes chargeable with…
1Opinion of the CourtMitchell, J.
In this action, which was brought to recover possession of certain real property, the plaintiff claimed title under a sale on execution under a judgment rendered and docketed August 28, 1893, against one Rothmund and in favor of the co-partnership of Dodson, Fisher & Co., of which plaintiff was a member, at which sale plaintiff bid in the property, and from which there had been no redemption. The defendant claimed title under a deed from the assignee in insolvency of Rothmund in an assignment for the benefit of all his creditors, executed September 5, 1893, pursuant to the insolvency law of…
2Cases cited12 opinions
- Freeland v. FreelandMassachusetts Supreme Judicial Court · 1869
- Campbell v. JonesSupreme Court of Minnesota · 1878
- Shay v. Security BankSupreme Court of Minnesota · 1897
- Thompson v. JohnsonSupreme Court of Minnesota · 1893
- Baumann v. CunninghamSupreme Court of Minnesota · 1892
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3Cited by1 opinion
- Spokane Merchants Ass'n v. CoffeySupreme Court of Minnesota · 1913