The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1922-10-05

to Wolfson for $13,50O on the build
ing occupied by the Gordon Cloth
ing company at Minot was set aside.
The plaintiff was awarded mer-
chandise of The Leader Store of
Minot and Gordon Clothiers Inc, Of
Valley City, Judge Miller holding
that 1.-The purported transfer by Abe
Gordon to Gordon Clothiers Inc, was
fraudulent at it's inception and
that "the transfer of said stock of
goods Tin The Leader Store) by Abe
Gordon bankrupt to the defendants
jay Gordon and Nate Kopald was
without consideration and for the
purpose of concealing the property of
the bankrupt"
The complaint was dismissed as to
Mrs. Attic Wolfson, H. E. Kopald and
Mrs. Zelda Kopald, relative of Abe
Gordon, alleged to have been parties
to the alleged fraudulent conceal
ment of assets. The case was on trial
for several days in Bismarck, Gordon
also is under indictment by the fed
eral grand jury for alleged violation
of the bankruptcy laws and will be
tried in Fargo this fall.
With regard to the store of Cor
don Clothiers Inc, Valley City, which
was claimed by Sam Gordon, brother
Of Abe Gordon, the court said: "The
court further finds the facts to be
that as to the stock of merchandise at
Valley City, North Dakota, operated
under the name Of Gordon Clothiers.
incorporated, said stock is in fact
property and assets of the defendant
Abe Gordon, bankrupt; that the pur-
ported transfer by Abe Gordon to the
said Gordon Clothiers, Inc, was frau
dulent at it's inception and in violation
of the bulk sales law of the state of
North Dakota; that the said stock of
merchandise has always been the pro-
perty of the defendant, Abe Gordon,
bankrupt but that the furniture and
fixtures in said store and least Of
said building are the property of Sam
Gordon and not Of the defendant Abe
Gordon, bankrupt.
with reference to the thirteen
thousand five hundred ($l3,50O)
mortgage executed by Abe Gordon to
the defendant Burnett Wolfson, de-
scribed in the complaint, the court
finds that said mortgage was given
without consideration and with the
fraudulent purpose of concealing the
assets of the said Abe Gordon and
to defraud, hinder and delay credit
ors; that the lien purported to be
created thereby is void as the credit
ors of Abe Gordon, bankrupt"
With reference to the defendants,
Jay Gordon and Nate kopald, doing
business as The Leader Store in Mi
not, the court found: "That the trans
fer of said stock Of goods by Abe Cor
don, bankrupt, to the defendants Jay
Gordon (his SOM and Nate Kopald
was without consideration and for the
purpose of concealing the property Of
the bankrupt and with intent to him
der, delay and defraud his creditors !;
that the defendants Jay Gordon and
Nate Kopald received and took pos
session Of said stock for the purpose
Of aiding said Abe Gordon, bankrupt,
in concealing his assets and for the
purpose of hindering, delaying and
defrauding the creditors of said Abe
Gordon, bankrupt, and without pay
ing the said Abe Gordon, bankrupt,
any consideration therefore, that said
transfer was fraudulent as to the
editors of said Abe Gordon, bank
rupt, and in violation of the bulk
sales statute of North Dakota"
The court declared that some Of the
merchandise in the Leader Store was
received from the Gordon Clothing
Company.