60 Minn. 161 | Minn. | 1895
The plaintiff agreed to sell a glue-jointing machine to the St. Paul School Furniture Company, a copartnership, for $350, and delivered the machine to said copartnership in April, 1893. Afterwards, in September, 1893, one of the partners commenced an action against the others to dissolve said copartnership and appoint a receiver of its assets; and such a receiver was appointed, with power to take charge of the property, and to conduct and manage the business, of said copartnership. Said receiver qualified, and took possession of this machine, with other property of said copartnership. Immediately thereafter, plaintiff commenced this action against the receiver for the recovery of the possession of said machine. On the trial the court below ordered a verdict for plaintiff, and from an order denying his motion for a hew trial the receiver appeals.
1. It is claimed by plaintiff that the sale of the machine to the furniture company was a conditional sale, and that by its terms the title would not pass until the machine was paid for; that it. never was paid for; and that there was default in the payment of the purchase price, which entitled plaintiff to possession. It is claimed by defendant that the sale was absolute, and title passed. From
This instrument was never filed of record. It is claimed by the receiver that he represents the creditors of the furniture company, and as to such creditors the instrument was void, because not so filed. We are of the opinion that this receiver does not, like an assignee or receiver in insolvency, represent creditors, so as to enti
It does not alter the case that, subsequent to the commencement of this action, an order was made in that action for creditors to present their claims, or be barred from participating in the assets held by the receiver.
The order appealed from should be affirmed. So ordered.