Powers Dry-Goods Co. v. Harlin
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Belden, J., denying a new trial after findings for defendants. Three cases were tried together, and it was stipulated that the decision upon this appeal should be conclusive in all three cases. The note representing the secret agreement is illegal and void. The decisions are uniform that the agreement itself is void as to all parties.
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Appeal by plaintiff from an order of the district court for Hennepin county, Belden, J., denying a new trial after findings for defendants. Three cases were tried together, and it was stipulated that the decision upon this appeal should be conclusive in all three cases. The note representing the secret agreement is illegal and void. The decisions are uniform that the agreement itself is void as to all parties. Newell v. Higgins, 55 Minn. 82; First National v. Steele, 58 Minn. 126. It has been held that where money was paid by the debtor under such secret agreement it may be recovered from the…
1Opinion of the CourtCollins, J.
After defendants Harlin Bros, had made an assignment for the benefit of their creditors, among whom was plaintiff, a corporation, a composition agreement was made and entered into between the debtors and each of their creditors upon a basis of 33 1-3 per cent, of the entire indebtedness. In accordance with this agreement, plaintiff accepted and received the debtors’ promissory notes, with sureties, as hereinafter stated, while all other creditors received /. their money immediately. Defendant Sederberg was one of the creditors signing the composition agreement, and, after it had been -signed…
2Cases cited15 opinions
- Getty v. . DevlinNew York Court of Appeals · 1873
- Solinger v. . EarleNew York Court of Appeals · 1880
- White v. . KuntzNew York Court of Appeals · 1887
- Hanover National Bank v. BlakeNew York Court of Appeals · 1894
- Doughty v. SavageSupreme Court of Connecticut · 1859
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3Cited by5 opinions
- Gross, Kelly & Co. v. BiboNew Mexico Supreme Court · 1914
- Citizens National Bank v. KeeneyIndiana Court of Appeals · 1915
- First National Bank v. Clark's EstateSupreme Court of Colorado · 1915
- Lemon v. DworskySupreme Court of Minnesota · 1941
- Coyle v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1914