Legal Opinion

Laybourn v. Seymour

Supreme Court of Minnesota

Decided April 27, 1893PublishedCited by 10 opinions

Appeal by defendants, Joseph H. Seymour and Frank B. Hart, from an order of the District Court of Hennepin County, Thomas Canty, J., made January 11, 1892, denying their motion for a new trial.

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Appeal by defendants, Joseph H. Seymour and Frank B. Hart, from an order of the District Court of Hennepin County, Thomas Canty, J., made January 11, 1892, denying their motion for a new trial. In June, 1891, the Flour City Sash & Door Company, a corporation, sold and delivered to defendants sash, doors and goods of like character, to the value of $401, on which they paid $170. On April 23, 1891, the corporation, for a valuable consideration, agreed with J. A. Fagan to deliver to him on demand sash, doors, blinds and mouldings to the value of $375, and soon thereafter delivered thereon such…

1Opinion of the CourtDickinson, J.

At the time of the assignment by the insolvent corporation of all its property to this plaintiff for the benefit of its *108creditors the defendants were indebted to the corporation for goods sold to them. This is an action to recover the amount of that indebtedness. The defendants assert the right to set off a claim against the corporation which arose as follows: The corporation by its treasurer and managing agent had made an order, directed to the corporation, to deliver to one Fagan sash, doors, blinds, and mouldings to the amount of $375. This was not signed, but across the face of it the…

2Cases cited12 opinions

  1. Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
  2. Rothschild v. . MackNew York Court of Appeals · 1889
  3. Fera v. . WickhamNew York Court of Appeals · 1892
  4. Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
  5. Richards v. . La TouretteNew York Court of Appeals · 1890

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3Cited by10 opinions

  1. North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
  2. Stadler v. First National BankMontana Supreme Court · 1899
  3. Kalichoff v. NelsonSupreme Court of Minnesota · 1895
  4. St. Paul & M. Trust Co. v. LeckSupreme Court of Minnesota · 1894
  5. Samonds v. CloningerSupreme Court of North Carolina · 1925

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

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