Fitterling v. Welch
Supreme Court of Minnesota
Action in the district court for Hennepin county against defendant as assignee of The Dickinson Company, an insolvent corporation, to recover $445.32 rent for the use by him, as assignee, of premises formerly occupied by the insolvent. The case was tried before Johnson, J., who found in favor of plaintiff in the sum of $366.72; and from an order denying a motion for a new trial, defendant appealed.
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Action in the district court for Hennepin county against defendant as assignee of The Dickinson Company, an insolvent corporation, to recover $445.32 rent for the use by him, as assignee, of premises formerly occupied by the insolvent. The case was tried before Johnson, J., who found in favor of plaintiff in the sum of $366.72; and from an order denying a motion for a new trial, defendant appealed. An order affecting a substantial right, and appealable, made in determining a motion, after a full hearing on a controverted question of fact, and deciding a point litigated, is an adjudication…
1Opinion of the CourtCollins, J.
The nature of the agreement (hereinafter called the “lease”) referred to in this opinion will be seen by an examination of Dickinson Co. v. Fitterling, 69 Minn. 162, 71 N. W. 1030. In that case it was held that all of the fixed charges specified in the lease to be paid by the lessees were in fact a part of the rent for the use of the premises, and that the assignee of the lessees — the Dickinson Company, a corporation, which had made an assignment for the *444benefit of its creditors to Welch, this appellant — was liable for part of the rent while in possession.
After the decision in that case,…
2Cases cited3 opinions
- Truesdale v. Farmers' Loan & Trust Co.Supreme Court of Minnesota · 1897
- Dickinson Co. v. FitterlingSupreme Court of Minnesota · 1897
- Nelson v. KalkhoffSupreme Court of Minnesota · 1895
3Cited by7 opinions
- Karst v. SellerCalifornia Court of Appeal · 1920
- Halvorsen v. Orinoco Mining Co.Supreme Court of Minnesota · 1903
- Tiffany Productions of California, Inc. v. Superior CourtCalifornia Court of Appeal · 1933
- Atwood v. HolmesSupreme Court of Minnesota · 1949
- Spears v. DrakeSupreme Court of Minnesota · 1935
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