Legal Opinion

St. Paul & Minneapolis Trust Co. v. Jenks

Supreme Court of Minnesota

Decided May 11, 1894No. 8657PublishedCited by 2 opinions

Appeal by defendants, George W. Jenks and Addie G. Jenks, from an order of the District Court of Hennepin County, Robert Jamison, J., made November 11, 1893, sustaining a demurrer to their answer. The Fanners and Merchants Bank of Minneapolis being insolvent made an assignment June 20, 1893, of all its property to the plaintiff, St. Paul and Minneapolis Trust Company, under Laws 1881, ch. 148, as amended by Laws 1889, cli. 30, in trust for its creditors.

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Appeal by defendants, George W. Jenks and Addie G. Jenks, from an order of the District Court of Hennepin County, Robert Jamison, J., made November 11, 1893, sustaining a demurrer to their answer. The Fanners and Merchants Bank of Minneapolis being insolvent made an assignment June 20, 1893, of all its property to the plaintiff, St. Paul and Minneapolis Trust Company, under Laws 1881, ch. 148, as amended by Laws 1889, cli. 30, in trust for its creditors. Among the assets was a note for $1,000 and interest made by the defendants and dated April 26, 1893, due sixty days thereafter. Plaintiff…

1Opinion of the CourtCollins, J.

Action upon a promissory note brought by an assignee in insolvency of a bank organized and incorporated under the laws of this state. The execution and delivery of the note was admitted in the answer. It was then alleged, by way of defense, that in the month of March, 1892, the defendant George W. Jenks was requested by Robert T. Lang, who was then the duly elected and qualified and acting cashier of said bank, on behalf of said bank, to purchase certain of its stock, which said Lang informed said defendant was being offered for sale on the market in such manner as to work an injury to said…

2Cited by2 opinions

  1. Anderson v. Cook County State BankSupreme Court of Minnesota · 1923
  2. Commercial Bank of Lafayette & Trust Co. v. BarrySupreme Court of Louisiana · 1934

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