Slimmer v. State Bank
Supreme Court of Minnesota
Action in the district court for Bamsey county by the partners composing the firm of Slimmer & Thomas against the State Bank of Culbertson to recover $1,760 upon a check drawn upon defendant bank by one Nacey in favor of C. C. Armstrong. Thereafter the amount in dispute was deposited in court by defendant and the State Bank of Halstad was substituted as defendant.
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Action in the district court for Bamsey county by the partners composing the firm of Slimmer & Thomas against the State Bank of Culbertson to recover $1,760 upon a check drawn upon defendant bank by one Nacey in favor of C. C. Armstrong. Thereafter the amount in dispute was deposited in court by defendant and the State Bank of Halstad was substituted as defendant. The case was tried before Dickson, J., who when defendant rested denied plaintiffs’ motion for a directed verdict in their favor, and a jury which returned a verdict in favor of defendant. From an order denying their motion for…
1Opinion of the CourtBrown, C. J.
The evidence in this case discloses the following facts:
One Armstrong was operating a cattle ranch in the state of Montana. He purchased certain cattle and horses from B. B. Larson, who was president of defendant bank, and, to secure the payment of the promissory notes given for the purchase price, executed to Larson a chattel mortgage upon the horses and cattle so purchased. Armstrong was also indebted to plaintiffs in a large sum for cattle purchased from them. The cattle and horses were so purchased to be turned out on the range and fattened and prepared for the market. The sale by Larson…
2Cases cited7 opinions
- McIntyre v. HauserCalifornia Supreme Court · 1900
- Hurley v. BendelSupreme Court of Minnesota · 1896
- Hutchins v. WattsSupreme Court of Vermont · 1862
- Tweto v. HortonSupreme Court of Minnesota · 1903
- Second Nat. Bank of Grand Forks v. SproatSupreme Court of Minnesota · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Watson v. GoldsteinSupreme Court of Minnesota · 1928
- Western Surety Co. v. FriederichsSupreme Court of Minnesota · 1954