Miller v. State Bank
Supreme Court of Minnesota
Appeal by defendant, the State Bank of Duluth, from an order of the District Court of St. Louis County, Charles L. Lewis, J., made November 4, 1893, denying its motion for a new trial.
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Appeal by defendant, the State Bank of Duluth, from an order of the District Court of St. Louis County, Charles L. Lewis, J., made November 4, 1893, denying its motion for a new trial. Simon Clark & Co. of Duluth were in grocery trade and became embarrassed and called a meeting of their principal creditors for March 11, 1893. The creditors after consultation orally agreed that the firm should go on, and that the plaintiff, Allen J. Miller, should; be made agent of the firm and go into the store on a salary and assist to sell the goods and collect the demands, and that he should deposit the…
1Opinion of the CourtGilfillan, C. J.
Plaintiff was agent for Simon Clark & Co., and, as such, deposited money of theirs with defendant to the credit of himself, — “A. J. Miller, Agent.” Afterwards Simon Clark & Co. made an assignment in insolvency.
Whether plaintiff could or could not, while his agency continued, maintain -an action in his oavu name on the deposit, he certainly could not after his relation to the deposit ceased by the revocation of his agency with respect to it
*323The assignment of his principals, Simon Clark & Co., worked such revocation.
Order reversed.
Book, J., absent, sick, took no part.
(Opinion published 59 N. W.…
2Cases cited1 opinion
- Hawkins v. ManstonSupreme Court of Minnesota · 1894
3Cited by2 opinions
- Fitzgerald v. State BankSupreme Court of Minnesota · 1896
- Hawkins v. ManstonSupreme Court of Minnesota · 1894