37 Minn. 527 | Minn. | 1887
The only question in the case is whether a certain assignment executed by the defendant, under the insolvent law of the state, is an assignment of only partnership property, or is operative to also transfer their separate property. The assignment differs from that in May v. Walker, 35 Minn. 194, (28 N. W. Rep. 252,) in that the operation of the latter was, by its express terms, restricted to partnership property. This assignment recites “that
Whether the instrument transfers the separate as well as the partnership property of the defendants depends on whether the words, “composing the firm of Beede & Bray,” and partners as “Beede & Bray,” wherever occurring, were used only as descriptio personarum, or were intended to restrict the assignment to property owned by them as a partnership. Aside from these words, the description of' the property is sufficient to cover all the property of the defendants, separate and partnership. The concluding clause of the description above quoted, “it being the full intention,” etc., seems added to make more clear what property the parties intended. That clause, as a-
If the parties intended the assignment to pass only partnership property, then it was void. May v. Walker, supra; but, if it was intended to pass also their separate property, it was valid. It would require something more significant than inserting the words, “partners as Beede & Bray,” after the names of the assignors, to limit the description of the property in such a way as to make the instrument void, and so defeat the evident purpose of the parties. The reference to the inventory to be filed did not control the assignment. Under no bankrupt law did the schedules filed by the bankrupt ever limit the operation on his property of the bankruptcy proceeding.
Order affirmed,
Vanderburgb, J., took no part in this decision.