Peake v. Milaca State Bank
Supreme Court of Minnesota
Action in the district court for Mille Lacs county to recover $5,000 for false imprisonment. The facts are stated in the opinion.
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Action in the district court for Mille Lacs county to recover $5,000 for false imprisonment. The facts are stated in the opinion. The separate answer of defendant bank alleged, among other matters, that plaintiff and William C. Hopkins obtained the sum of $150 by color and aid of a worthless and fraudulent check, received said sum from the answering defendant, and after its receipt moved their business from Mille Lacs and their whereabouts was unknown to defendant until they were both arrested by the- police of Duluth, which arrest was made under instructions from the authorities of Mille…
1Opinion of the CourtHolt, J.
Action for false imprisonment and malicious prosecution, wherein plaintiff had a verdict, and defendants appeal.
It appears from the record that plaintiff and one William C. Hopkins were partners in the produce and commission business under the. name of the Minnesota Produce Company, having one place of business in Duluth, in charge of plaintiff, and another at Milaca, in charge of Hopkins. The defendant West was the cashier of the defendant bank, located at Milaca. The firm did business with defendant bank, and on January 18, 1912, had overdrawn their account to the extent of about $150. To…
2Cases cited5 opinions
- Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
- Lueck v. HeislerWisconsin Supreme Court · 1894
- Strehlow v. PettitWisconsin Supreme Court · 1897
- Swensgaard v. DavisSupreme Court of Minnesota · 1885
- Leever v. HamillIndiana Supreme Court · 1877
3Cited by3 opinions
- Lammers v. MasonSupreme Court of Minnesota · 1913
- Roemer v. Jacob Schmidt Brewing Co.Supreme Court of Minnesota · 1916
- Hopkins v. Milaca State BankSupreme Court of Minnesota · 1913