103 Minn. 283 | Minn. | 1908
This is an appeal from an order dismissing certain contempt proceedings. Without reference to the question whether the order ig appealable, we proceed to determine the case upon the merits.
On September 20, 1905, the appellant, Charles N. Dohs, recovered a judgment in the district court of Ramsey county against Robert C. Holbert and another, for the sum of $1,654.61. An execution was duly issued thereon and returned unsatisfied. Thereafter, on Novem
In a memorandum attached to the order the trial court said: "In brief, this court has already determined, and it is a matter of solemn judgment, that the receiver, representing the creditors in said proceedings, has no interest in this policy or the proceeds thereof;, that the same was not transferred by said Robert C. Holbert in fraud of his creditors; and in view of this determination, which stands unchallenged, the conclusion inevitably follows that Robert C. Holbert had good right to make the transfer complained of and is not in disobedience of .the restraining order of this court.” With this conclusion we agree. The receiver was appointed at the instance of this appellant. The actions were brought for his benefit, for the purpose of having the transfers of the policies, and of the particular policy in question, set aside and the proceeds thereof applied to the payment of the appellant’s judgment. The court, after a full hearing, determined the issue in favor of the defendant. The order sustaining the demurrer in the first action was upon the merits. Day v. Mountin, 89 Minn. 297, 94 N. W. 887; Carlin v. Brackett, 38 Minn. 307, 37 N. W. 342. In the second action the court determined that the matter was res adjudicata. The appellant was privy to the actions of Straight, who prosecuted the actions on his behalf (Dunham v. Byrnes, 36 Minn. 108, 30 N. W. 402), and is therefore bound by the judgments rendered therein to the effect that the assignment of the policy was not a fraud upon the creditors of Holbert and was not a transfer of nonexempt property.
The order is therefore affirmed.