Olson v. Cook
Supreme Court of Minnesota
Appeal by defendants, Levi L. Coolt, Willis H. Manley and Eliza Boos, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made November 27,1893, overruling their demurrers to the complaint. The plaintiff, Hans H. Olson, on July 7, 1892, deposited in the State Bank of Minneapolis $123.60 and took a certificate due in one year.
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Appeal by defendants, Levi L. Coolt, Willis H. Manley and Eliza Boos, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made November 27,1893, overruling their demurrers to the complaint. The plaintiff, Hans H. Olson, on July 7, 1892, deposited in the State Bank of Minneapolis $123.60 and took a certificate due in one year. On August 30, 1893, he recovered judgment thereon against the bank for $139.13. A writ of execution was issued and returned unsatisfied. The bank suspended payment June 22, 1893, and five days thereafter being insolvent made an assignment of all…
1Opinion of the CourtGilfillan, C. J.
The bank defendant was incorporated under the-laws of this state to do a banking business, at first -with a stock capital of $60,000, afterwards increased to $75,000, and later still to $100,000. June 27, 1S93, it made, under the insolvent law, an. assignment for the benefit of its creditors, and defendant Hahn is the assignee thereunder. July 7,1892, plaintiff made a deposit with, the bank, repayable to him in 12 months after that date. It not being paid when due, on August 19, 1893, he recovered judgment against the bank for the deposit, issued execution thereon, and September 5, 1893, it…
2Cases cited3 opinions
- In re People's Live Stock InsuranceSupreme Court of Minnesota · 1894
- Gebhard v. EastmanSupreme Court of Minnesota · 1862
- State v. Bank of New EnglandSupreme Court of Minnesota · 1893
3Cited by16 opinions
- International Trust Co. v. American Loan & Trust Co.Supreme Court of Minnesota · 1895
- Minneapolis Baseball Co. v. City BankSupreme Court of Minnesota · 1896
- Hale v. HardonCourt of Appeals for the First Circuit · 1899
- Converse v. AyerMassachusetts Supreme Judicial Court · 1908
- Dunn v. State BankSupreme Court of Minnesota · 1894
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