In re the Assignment of Fuller

Supreme Court of Minnesota

In re the Assignment of Fuller

43 N.W. 486, 42 Minn. 22, 1889 Minn. LEXIS 172

CourtSupreme Court of Minnesota

DecidedNovember 6, 1889

StatusPublished

Cited by2 cases

This text of 43 N.W. 486 (In re the Assignment of Fuller) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Assignment of Fuller, 43 N.W. 486, 42 Minn. 22, 1889 Minn. LEXIS 172 (Mich. 1889).

Pincite

Opinion

By the Court.

This appeal is from an order of the district court requiring and directing creditors to file their claims against certain insolvent debtors, with releases thereof, as provided by Laws 1881, c. 148, § 10, within a prescribed period of time, or be forever barred from claiming any benefit under an assignment made by said debtors of all of their property not exempt from seizure and sale upon execution in trust for the benefit of all of their creditors. The deed of assignment does not differ in form from that considered in Re Bird, 39 Minn. 520, (40 N.W. Rep. 827.) The facts may have warranted an assignment by the terms of which releases could have been exacted as a condition for participating in the trust funds, but such an assignment was not made. For the reasons stated in the case just referred to, the order must be modified. It is quite evident, however, from the record, that the point upon which our decision is based was not presented by the appellants upon the argument below. The order appealed from is vacated in so far as it requires creditors to file releases with their claims.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court.

This appeal is from an order of the district court requiring and directing creditors to file their claims against certain insolvent debtors, with releases thereof, as provided by Laws 1881, c. 148, § 10, within a prescribed period of time, or be forever barred from claiming any benefit under an assignment made by said debtors of all of their property not exempt from seizure and sale upon execution in trust for the benefit of all of their creditors. The deed of assignment does not differ in form from that considered in Re Bird, 39 Minn. 520, (40 N.W. Rep. 827.) The facts may have warranted an assignment by the terms of which releases could have been exacted as a condition for participating in the trust funds, but such an assignment was not made. For the reasons stated in the case just referred to, the order must be modified. It is quite evident, however, from the record, that the point upon which our decision is based was not presented by the appellants upon the argument below. The order appealed from is vacated in so far as it requires creditors to file releases with their claims.

Cite This Page — Counsel Stack

Bluebook (online)

43 N.W. 486, 42 Minn. 22, 1889 Minn. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-assignment-of-fuller-minn-1889.

Opinion

Related

Cite This Page — Counsel Stack