Clarke v. National Citizens' Bank
Supreme Court of Minnesota
Action in the district court for Blue Earth county by the assignee in insolvency of Oscar Cassidy to recover $16,000, the value of certain meats conveyed, and of payments made, in violation of the insolvency law of the state. Plaintiff, as receiver of said insolvent, was subsequently substituted for the assignee. The cause was tried before Cadwell, J., without a jury.
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Action in the district court for Blue Earth county by the assignee in insolvency of Oscar Cassidy to recover $16,000, the value of certain meats conveyed, and of payments made, in violation of the insolvency law of the state. Plaintiff, as receiver of said insolvent, was subsequently substituted for the assignee. The cause was tried before Cadwell, J., without a jury. Judgment for $7,831.80 was ordered in favor of plaintiff, and from an order denying defendant’s motion for a new trial, it appealed. If the payments by Cassidy to the bank were made from funds pledged, or from sales of meats…
1Opinion of the Court
MITCHELL, J.1
This action was brought by the plaintiff, as assignee of one Cassidy, an insolvent, under section 4 of the insolvency law of 1881,2 to set aside a bill of sale executed by Cassidy to the defendant on April 5, 1895, and to recover payments made by Cassidy to the defendant between that date and the date of the assignment in insolvency, which was executed June 12, 1895.
In plaintiff’s complaint the sole ground upon which the bill of sale and the subsequent payments were assailed was that they constituted an unlawful preference, under the provisions of the insolvency law; and it is…
Also in this document: Per curiam.
2Cases cited3 opinions
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Prouty v. BarlowSupreme Court of Minnesota · 1898
- Duluth Trust Co. v. ClarkSupreme Court of Minnesota · 1897
3Cited by3 opinions
- Donohue v. CampbellSupreme Court of Minnesota · 1900
- In re FreyDistrict Court, D. Minnesota · 1926
- In re P.T.G. Grain ServiceDistrict Court, D. Minnesota · 1960