Clerihew v. West Side Bank
Supreme Court of Minnesota
Appeal by defendant, the West Side Bank, from an order of the District Court of Ramsey County, Kelly, J., made February 4, 1892, refusing a new trial. On February 7, 1891, Edward F. Mues, of St. Paul, an insolvent debtor, made an assignment of bis property to Alexander M. Cleri-hew for the benefit of his creditors. On February 4, 1891, Mues owed the West Side Bank $5,500, evidenced by promissory notes w'hieh the bank had discounted for him.
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Appeal by defendant, the West Side Bank, from an order of the District Court of Ramsey County, Kelly, J., made February 4, 1892, refusing a new trial. On February 7, 1891, Edward F. Mues, of St. Paul, an insolvent debtor, made an assignment of bis property to Alexander M. Cleri-hew for the benefit of his creditors. On February 4, 1891, Mues owed the West Side Bank $5,500, evidenced by promissory notes w'hieh the bank had discounted for him. He was then insolvent, and the bank had knowledge of that fact. This action was brought by Clerihew, as assignee of Mues, to recover $2,500, claiming that…
1Opinion of the CourtDicKinson, J.
In February, 1891, Mues, an insolvent debtor, made an assignment to the plaintiff for the benefit of creditors. This action relates to a transaction which took place three days prior to the assignment. Mues was then indebted to the defendant bank, which indebtedness was in part evidenced by several promissory notes of Mues held by the bank amounting to $2,500, with some accrued interest. In the complaint in this action it is alleged that at that time, with the view of preferring the defendant, Mues paid $2,500 to the bank in payment of such notes, and that the bank received the same and…
2Cases cited7 opinions
- Lee v. . AdsitNew York Court of Appeals · 1867
- Van Eman v. StanchfieldSupreme Court of Minnesota · 1865
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