Bjorgo v. First National Bank of Emmons
Supreme Court of Minnesota
Action in the district court for Freeborn county to recover $600. Tbe case was tried before Kingsley, J., wbo sustained the demurrer ■of defendant Basmussen to tbe complaint and overruled tbe demurrer •of plaintiff's to tbe separate answer of defendant bank, and dismissed tbe case on tbe merits when tbe plaintiffs rested.
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Action in the district court for Freeborn county to recover $600. Tbe case was tried before Kingsley, J., wbo sustained the demurrer ■of defendant Basmussen to tbe complaint and overruled tbe demurrer •of plaintiff's to tbe separate answer of defendant bank, and dismissed tbe case on tbe merits when tbe plaintiffs rested. From tbe order granting plaintiffs’ motion for a new trial on tbe sole ground that it was a question for tbe jury whether tbe draft mentioned in tbe ■opinion was so drawn that on presentation to tbe payee it was sufficient to put tbe payee upon notice as to tbe character of…
1Opinion of the CourtHolt, J.
Tbe plaintiffs allege, in substance, that on or about February 21, 1911, one B. B. Haugan was soliciting subscriptions for stock in a ■corporation then organized by him and two other persons; that Haugan represented to plaintiffs that tbe corporation bad an option on certain lands in Texas; that until tbe corporation should procure title to these lands tbe money paid for subscriptions to stock should be deposited in tbe defendant bank; that the bank and its cashier, tbe defendant Basmussen, on February 25, 1911, knew of these representations and that subscriptions were thus obtained and money…
2Cases cited3 opinions
- Sims v. . U.S. Trust Co. of New YorkNew York Court of Appeals · 1886
- Timpson v. . AllenNew York Court of Appeals · 1896
- Bristol Knife Co. v. First National BankSupreme Court of Connecticut · 1874
3Cited by8 opinions
- Eldon's Super Fresh Stores, Inc. v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Supreme Court of Minnesota · 1973
- Milano v. Sheridan Trust & Savings BankAppellate Court of Illinois · 1926
- Modesto Building & Loan Ass'n v. WyldeCalifornia Supreme Court · 1933
- Pacific Finance Corp. v. Bank of YoloCalifornia Supreme Court · 1932
- City Nat. Bank v. Louisiana Sav. Bank & Trust Co.Supreme Court of Louisiana · 1949
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