Rice v. London & Northwest American Mortgage Co.
Supreme Court of Minnesota
Henry W. Carter died intestate October 14, 1893, and respondent was appointed Ms administrator by the probate court for Bamsey county. On November 8, 1893, appellant obtained in the district court for that county the judgment mentioned in the opinion. Appellant’s claim against the estate having been allowed as stated in the opinion, the administrator appealed to the district court.
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Henry W. Carter died intestate October 14, 1893, and respondent was appointed Ms administrator by the probate court for Bamsey county. On November 8, 1893, appellant obtained in the district court for that county the judgment mentioned in the opinion. Appellant’s claim against the estate having been allowed as stated in the opinion, the administrator appealed to the district court. From an order of the district court, Otis, J., reversing the judgment of the probate court, the mortgage company appealed.
1Opinion of the CourtCanty, J.
The intestate, Carter, was in his lifetime a member of the “Oak View Syndicate,” an association of individuals who owned some land. They sold a tract of land to a third party, and received his note, secured by a mortgage, for a part of the purchase price. They sold this note and mortgage to the appellant mortgage company and each of them indorsed this note as an individual. Nearly a month after the death of Carter appellant obtained judgment against him and his associates for the sum of $2,035.68. (Whether the action was commenced in the lifetime of Carter does not appear.) Pay*78ments were made…
2Cited by7 opinions
- Melroy v. KemmererSupreme Court of Pennsylvania · 1907
- Engbretson v. SeiberlingSupreme Court of Iowa · 1904
- Daly v. Chicago & North Western Railway Co.Supreme Court of Minnesota · 1962
- Fidelity & Casualty Co. of New York v. Gillette-Herzog Manufacturing Co.Supreme Court of Minnesota · 1904
- Winter v. MeierAppellate Court of Illinois · 1909
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