Johnston v. Johnston
Supreme Court of Minnesota
Action in the district court for Winona county against the administrator of Frank A. Johnson to rescind an agreement of settlement entered into in October, 1890, between plaintiff and defendant’s intestate, and for an accounting in the matters of a partnership between plaintiff and said Frank A. Johnston relating to the mining business, and for an accounting in matters of said intestate’s agency for plaintiff, on the ground that such settlement was procured by the false…
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Action in the district court for Winona county against the administrator of Frank A. Johnson to rescind an agreement of settlement entered into in October, 1890, between plaintiff and defendant’s intestate, and for an accounting in the matters of a partnership between plaintiff and said Frank A. Johnston relating to the mining business, and for an accounting in matters of said intestate’s agency for plaintiff, on the ground that such settlement was procured by the false representátions of the deceased to the plaintiff. The facts are stated in the opinion. The case was tried before Snow, J.,…
1Opinion of the CourtLewis, J.
Respondent, Christopher J. Johnston, and Frank A. Johnston, deceased, were brothers. The former resided in the territory of Utah in 1878, and Frank in the city of Winona. During that year they entered into a copartnership agreement for the purpose of acquiring, locating, developing, and disposing of mining properties. In 1890 the partnership was dissolved, at which time Frank was indebted to Christopher in a large amount of money growing out of the partnership business, and also in a large amount which had been intrusted to him for investment. In full settlement of the partnership…
2Cases cited7 opinions
- Maxfield v. SchwartzSupreme Court of Minnesota · 1890
- Erickson v. FisherSupreme Court of Minnesota · 1892
- Duxbury v. BoiceSupreme Court of Minnesota · 1897
- McCarty v. New York Life InsuranceSupreme Court of Minnesota · 1898
- Eggleston v. Advance Thresher Co.Supreme Court of Minnesota · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Harold L. Warner v. First National Bank of MinneapolisCourt of Appeals for the First Circuit · 1956
- Simmons v. FridaySupreme Court of Missouri · 1949
- City of Centerville v. Turner CountySouth Dakota Supreme Court · 1910
- Jones v. HammondSupreme Court of Minnesota · 1926
- Lundquist v. PetersonSupreme Court of Minnesota · 1916