Board of County Commissioners v. Citizens' Bank
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Redwood county, Webber, J., denying a motion for a new trial. The general rule as to the appropriation of payments upon a running account applies. Clayton’s Case, 1 Mer. 584; Munger, Applic.
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Appeal by plaintiff from an order of the district court for Redwood county, Webber, J., denying a motion for a new trial. The general rule as to the appropriation of payments upon a running account applies. Clayton’s Case, 1 Mer. 584; Munger, Applic. Paym. 102; Lash v. Edgerton, 13 Minn. 197 (210); Hersey v. Bennett, 28 Minn. 86, 9 N. W. 590; Jefferson v. Church, 41 Minn. 392, 43 N. W. 74; Winnebago P. M. Co. v. Travis, 56 Minn. 480, 58 N. W. 36; Sheppard v. Steele, 43 N. Y. 52; Smith v. Loyd, 11 Leigh, 512; Howard v. McCall, 21 Grat. 205; Hammer v. Rochester, 2 J. J. Marsh. 144; Milliken v.…
1Opinion of the CourtMitchell, J.
This action was brought on a bond given May 2, 1894, by the defendant bank as a depositary of county funds, pursuant to the provisions of G-. S. 1894, §§ 730, 731. The bond, after reciting that the bank had been duly designated as a depositary of the funds of the county for the term of two years from the date thereof, and had agreed to pay interest thereon at 2 per cent, per annum on monthly balances, was conditioned that it—
“Shall well and truly credit such interest on such monthly balances to said county, and shall well and truly bold such funds, with accrued interest, subject to draft and…
2Cases cited4 opinions
- United States v. Gabriel F. IrvingSupreme Court of the United States · 1843
- Hersey v. BennettSupreme Court of Minnesota · 1881
- Jefferson v. Church of St. MatthewSupreme Court of Minnesota · 1889
- Board of County Commissioners v. American Loan & Trust Co.Supreme Court of Minnesota · 1897
3Cited by26 opinions
- Standard Oil Co. v. DaySupreme Court of Minnesota · 1924
- Henry County v. SalmonSupreme Court of Missouri · 1907
- Merchants Insurance v. HerberSupreme Court of Minnesota · 1897
- Lowden v. Northwestern Nat. Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1936
- Blalock v. StateSupreme Court of Georgia · 1928
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