Engstad v. Syverson
Supreme Court of Minnesota
Action in the district court for Polk county against Jens Syverson, as principal, and Tom O. Sundet and Ole O. Sundet, as sureties, upon an administrator’s bond to recover from them $200, the amount of a preferred claim allowed plaintiff by the probate court of Polk county against the estate in which the bond was given. From an order of the district court, Ives, J., granting a motion for a new trial, after a verdict in favor of plaintiff for $205, plaintiff appealed.
1Opinion of the CourtMitchell, J.
This was an action on an administrator’s bond to recover the amount of a claim against the estate of the intestate.
The complaint alleged that the claim had been allowed and payment ordered by the probate court, and payment demanded of the administrator, but that he had not paid the same, although he had ample assets in his hands to do so. The evidence was conclusive that the claim had been allowed; that the court ordered its payment forthwith; that this order had been served on the administrator by mail, which he received at his residence in North Dakota, to which he had previously removed.…
2Cited by6 opinions
- Allen v. Central Motors, Inc.Supreme Court of Minnesota · 1939
- Snicker v. ByersSupreme Court of Minnesota · 1929
- Bradley v. Bradley Estate Co.Supreme Court of Minnesota · 1906
- Bergerson v. Great Northern Railway Co.Supreme Court of Minnesota · 1924
- Peoples State Bank v. DickieSupreme Court of Minnesota · 1934
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