Trebilcock v. Big Missouri Mining Co.

Citations

• 9 S.D. 206
• 68 N.W. 330
• 1896 S.D. LEXIS 139

Syllabus

<p>1. Though a mortgage by an insolvent corporation to its president, of substantially all its property, may be ineffectual to give him a preference, as against its creditors, it does not authorize an attachment on the ground that the corporation has disposed of its property with intent to defraud its creditors (Comp. Laws, $ 499,5, subd. 5); the evidence of the corporation that it was executed in good faith and for money advanced, and without any intent to defraud, not being overcome.</p> <p>2. One cannot attach on the ground that a mortgage given and recorded before he became a creditor was with intent to defraud, though he had no actual notice of it before he gave credit.</p>