Legal Opinion

Scanlan v. Grimmer

Supreme Court of Minnesota

Decided January 26, 1898No. Nos. 10,883-(261)PublishedCited by 14 opinions

Appeal by defendant John Grimmer, from a judgment in favor of the plaintiif entered in the district court for Redwood county upon the findings and order of Webber, J. In the absence of fraud a person may do business and execute contracts under any name he chooses to assume. 16 Am. & Eng. Ene. 118. All that the law looks to is the identity of the individual, and when that is established the act will be binding upon him and others.

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Appeal by defendant John Grimmer, from a judgment in favor of the plaintiif entered in the district court for Redwood county upon the findings and order of Webber, J. In the absence of fraud a person may do business and execute contracts under any name he chooses to assume. 16 Am. & Eng. Ene. 118. All that the law looks to is the identity of the individual, and when that is established the act will be binding upon him and others. In re Snook, 2 Hilt. 566; Toole v. Peterson, 9 Ired. 180; Thomas v. Wyatt, 31 Mo. 188; Wakefield v. Brown, 38 Minn. 361. In this case the mortgagors were not placed…

1Opinion of the CourtCollins, J.

Action to determine adverse claims to real property, the actual purpose being to set aside and cancel a mortgage thereon of date January 12, 1894, purporting to have been executed and delivered to one John B. Alexander, as mortgagee, to have been assigned to one Maggie A. Henningsen by Sylvester Davis, as attorney in fact *355for said Alexander, and subsequently assigned by Henningsen to defendant Grimmer, who alone answered in the action.

The primary and principal question in the case grows out of the fact that the money loaned to plaintiff’s husband, Martin Scanlan, who then owned the land,…

2Cases cited9 opinions

  1. Gibson v. LyonSupreme Court of the United States · 1885
  2. Parkinson v. . ShermanNew York Court of Appeals · 1878
  3. In re SnookNew York Court of Common Pleas · 1859
  4. Follansbee v. JohnsonSupreme Court of Minnesota · 1881
  5. Wakefield v. BrownSupreme Court of Minnesota · 1888

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Wichelman v. MessnerSupreme Court of Minnesota · 1957
  2. Presbytery of Southeast Iowa v. HarrisSupreme Court of Iowa · 1975
  3. Fuchs v. LeahySupreme Court of Missouri · 1928
  4. Hartman v. ThompsonCourt of Appeals of Maryland · 1906
  5. Hodgkiss v. Northland Petroleum ConsolidatedMontana Supreme Court · 1937

9 more not listed; retrieve them via the Exa API.

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