Legal Opinion

Weiland v. Krejnick

Supreme Court of Minnesota

Decided December 24, 1895No. Nos. 9639-9767-(224-225)PublishedCited by 2 opinions

Action in the district court for Scott county by Theodore Weiland, as assignee of Frank Nicolin, insolvent, to determine the rights of •all parties to wheat received in his elevator at New Prague by the insolvent before the assignment. Defendant Krejnick and certain other defendants had previously instituted replevin actions for part of the wheat. The evidence is stated in the opinion.

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Action in the district court for Scott county by Theodore Weiland, as assignee of Frank Nicolin, insolvent, to determine the rights of •all parties to wheat received in his elevator at New Prague by the insolvent before the assignment. Defendant Krejnick and certain other defendants had previously instituted replevin actions for part of the wheat. The evidence is stated in the opinion. The court, 'Cadwell, J., found as facts, among other things, that the said Nicolin was not a warehouseman within the meaning of Laws 1876, c. 86, •-(G-. S. 1894, §§ 7645-7652) and did not receive said wheat for…

1Opinion of the CourtMitchell, J.

This case, like that of Weiland v. Sunwall, infra, p. 320, 65 N. W. 628, grows out of the failure of plaintiff’s assignor, *315Nicolin, but involves the title to the grain in another elevator, situated at New Prague; and there is no suggestion in either case that the adjustment of the rights of parties to the grain in the one elevator is at all dependent upon or connected with the adjustment of the rights of parties to the grain in the other elevator. The evidence in the two cases is also very different, and in the present case the claimants of the grain against the assignee all belong to the…

2Cases cited1 opinion

  1. Weiland v. SunwallSupreme Court of Minnesota · 1895

3Cited by2 opinions

  1. Duxbury v. Spex Feeds, Inc.Court of Appeals of Minnesota · 2004
  2. Jackson v. SevatsonSupreme Court of Minnesota · 1900

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