Marine National Bank of Duluth v. Whiteman Paper Mills
Supreme Court of Minnesota
Appeal by plaintiff, Marine National Bank of Duluth, from an order of the District Court of St. Louis County, Stearns, J., made August 29, 1891, discharging D. J. Sinclair, garnishee. On August 14, 1891, this action for the recovery of money was pending in the District Court for St. Louis County. Marine National Bank of Duluth was plaintiff and Alonzo J. Whiteman, R. E. White-man, and The Whiteman Paper Mills, a corporation, were defendants.
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Appeal by plaintiff, Marine National Bank of Duluth, from an order of the District Court of St. Louis County, Stearns, J., made August 29, 1891, discharging D. J. Sinclair, garnishee. On August 14, 1891, this action for the recovery of money was pending in the District Court for St. Louis County. Marine National Bank of Duluth was plaintiff and Alonzo J. Whiteman, R. E. White-man, and The Whiteman Paper Mills, a corporation, were defendants. On that day the attorney for the plaintiff made and tiled in that court an affidavit stating that D. J. Sinclair had $4,800 in money in his hands…
1Opinion of the CourtDickinson, J.
This is an appeal by the plaintiff from an order discharging the garnishee, Sinclair. The facts upon which rests the liability of the garnishee as such may be briefly stated as follows:
During the trial of an action in the district court, in which this defendant (and respondent) Whiteman was a defendant, he produced in court the sum of $4,800, and tendered it to the plaintiff in that action. The plaintiff refused to accept the money, and it was then and in open court delivered to the clerk of the court, (or his deputy,) to be paid to the plaintiff in that action if he would accept it. No order…
2Cited by4 opinions
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