Legal Opinion · Dissent

Talbot v. First & Security National Bank

Supreme Court of Minnesota

Decided January 23, 1920No. 21,503Published

Action in the district court for Hennepin county to recover a balance of $397.58. The amended answer alleged that Erstgaard and Works made the indorsements and each of them, with the full knowledge and consent of the plaintiff, and that plaintiff fully and completely authorized said indorsements and consented thereto, and upon such indorsements the checks, by authority and consent and for the benefit of plaintiff were negotiated to parties other than defendant for the full…

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Action in the district court for Hennepin county to recover a balance of $397.58. The amended answer alleged that Erstgaard and Works made the indorsements and each of them, with the full knowledge and consent of the plaintiff, and that plaintiff fully and completely authorized said indorsements and consented thereto, and upon such indorsements the checks, by authority and consent and for the benefit of plaintiff were negotiated to parties other than defendant for the full amount thereof, to whom defendant subsequently paid the same upon proper presentation and indorsement by the then holders…

1DissentHallam, J.

I concur in the reversal but I think that there should accompany it a direction, for judgment for the defendant notwithstanding the verdict for the plaintiff, and, insofar as this relief is denied the defendant, I dissent.

The Bankrupt Act requires the courts of bankruptcy to designate banking institutions as depositories for the money of bankrupt estates. Section 61 (30 St. 562). Trustees are required to deposit all moneys received by them in a designated depository and to disburse only by check or draft thereon. Section 47 (3-4). Referees are required to declare dividends and deliver to…

2Cases cited11 opinions

  1. Caha v. United StatesSupreme Court of the United States · 1894
  2. Freedman Bros. v. ParkerCourt of Appeals for the Ninth Circuit · 1911
  3. Peters v. United StatesSupreme Court of Oklahoma · 1893
  4. Sabin v. Blake-McFall Co.Court of Appeals for the Ninth Circuit · 1915
  5. United States v. WilliamsMontana Supreme Court · 1887

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