Legal Opinion

Balch v. Wilson

Supreme Court of Minnesota

Decided October 4, 1878PublishedCited by 10 opinions

The plaintiff, as receiver of the National Exchange Bank ■of Minneapolis, brought this action in the district court for Hennepin county, against the defendants Eugene M. Wilson .and William M. Kimball, on a promissory note for $500 made by them to the bank, bearing date April 18, 1877, and payable one month thereafter.

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The plaintiff, as receiver of the National Exchange Bank ■of Minneapolis, brought this action in the district court for Hennepin county, against the defendants Eugene M. Wilson .and William M. Kimball, on a promissory note for $500 made by them to the bank, bearing date April 18, 1877, and payable one month thereafter. The complaint shows that on April ■24, 1877, the bank suspended payment and closed its doors, and that on May '29,1877, the plaintiff was appointed receiver, by the comptroller of the currency, pursuant to the provisions of the National-Bank Act, and holds the note as such…

1Opinion of the CourtCornell, J.

The note sued on was a joint note of the defendants given to the bank, dated on April 18, 1877, and payable one month after its date. The bank was put into the hands of the receiver, under the national banking law, on May 29, 1877, which was after the maturity of said note. Giving to the averments of the answer the most favorable *302construction claimed by defendants, tbe three several notes .set np as a ground for the equitable relief sought, originated in the settlement of a transaction between the defendant Kimball alone, and the bank and Tidd & Fales. Said notes were given to Kimball by the…

2Cases cited6 opinions

  1. National Bank v. ColbySupreme Court of the United States · 1875
  2. Bradley v. . AngelNew York Court of Appeals · 1850
  3. Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
  4. In re the Receiver of the Middle District BankNew York Court of Chancery · 1829
  5. Birdsall v. FischerSupreme Court of Minnesota · 1871

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. St. Paul & M. Trust Co. v. LeckSupreme Court of Minnesota · 1894
  2. Abbey v. LongSupreme Court of Kansas · 1890
  3. Hynes v. Illinois Trust & Savings BankIllinois Supreme Court · 1907
  4. French v. DonohueSupreme Court of Minnesota · 1882
  5. Clyde v. JohnsonNorth Dakota Supreme Court · 1894

5 more not listed; retrieve them via the Exa API.

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