Legal Opinion

Martin v. Pillsbury

Supreme Court of Minnesota

Decided October 20, 1876PublishedCited by 8 opinions

This action ivas brought in the court of commom pleas of Hennepin county, by plaintiffs, as assignees of William S. Judd, under a general assignment for the benefit of creditors, to recover the price of lumber sold by Judd to defendants. The defendants answered, alleging a set-off, as stated in the opinion. A demurrer to the answer was sustained by Young, J., and the defendants appealed.

1Opinion of the CourtBerry, J.

On March. 12, 1875, William S. Judd made a negotiable promissory note for $500, payable in three months. Prior to June 12th following, the note was sold and transferred to defendants. On June 12th defendants purchased of Judd a quantity of lumber, for $452.30, payable Juno 30th. On June 14th Judd made a general assignment of all his property to plaintiffs for the benefit of his creditors. Allowing grace, the note fell due Juno 15th. Defendants had no notice of the assignment until after maturity of the note. The plaintiffs bring this action to recover the price of the lumber. Defendants…

2Cases cited5 opinions

  1. Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
  2. Martin v. . KunzmullerNew York Court of Appeals · 1867
  3. Bradley v. . AngelNew York Court of Appeals · 1850
  4. Harris v. . BurwellSupreme Court of North Carolina · 1871
  5. McCabe v. GreyCalifornia Supreme Court · 1862

3Cited by8 opinions

  1. La Due v. First National BankSupreme Court of Minnesota · 1883
  2. Webb v. MichenerSupreme Court of Minnesota · 1884
  3. Laybourn v. SeymourSupreme Court of Minnesota · 1893
  4. First National Bank v. Nye CountyNevada Supreme Court · 1914
  5. Nordsell v. NeilsenSupreme Court of Minnesota · 1921

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