Germam Bank v. Folds

Citations

• 9 S.D. 295
• 68 N.W. 747
• 1896 S.D. LEXIS 158

Syllabus

<p>1. A general assignment for the benefit of creditors, whether valid or not, is not ground for attachment against the assignor, unless it is executed with a specific intent to defraud.</p> <p>2. Where plaintiff alleges as ground for attachment that defendants have assigned, disposed of, and secreted, or are about to assign, dispose of,, and secrete, their property, with intent to defraud creditors, and that the debt was incurred for property obtained under false pretenses, the burden is on plaintiff to show the existence of an intent to defraud, or the elements constituting false pretenses.</p>