Legal Opinion

Rask v. Norman

Supreme Court of Minnesota

Decided December 13, 1918No. 21,012PublishedCited by 8 opinions

Action in the district court for Hennepin county to recover $11,350 for an alleged breach of trust. In his answer defendant admitted that certain stock issued to and owned by Oscar Rask in the Norman Bakery Company was transferred to plaintiff by her husband; that on or about February 1, 1915, defendant sold and transferred his stock in the corporation to one A. E. Watson. The case came before Fish, J., who granted defendant’s motion for judgment on the pleadings.

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Action in the district court for Hennepin county to recover $11,350 for an alleged breach of trust. In his answer defendant admitted that certain stock issued to and owned by Oscar Rask in the Norman Bakery Company was transferred to plaintiff by her husband; that on or about February 1, 1915, defendant sold and transferred his stock in the corporation to one A. E. Watson. The case came before Fish, J., who granted defendant’s motion for judgment on the pleadings. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

1Opinion of the CourtBrown, C. J.

The only question presented in this cause in whether the complaint *199states a cause of action. The trial court held that it did not and granted defendant’s motion for judgment on the pleadings.

The action is one to recover damages claimed to have resulted from the alleged fraudulent representations and fraudulent conduct of defendant, and the breach of an alleged trust assumed by him in the interest and for the benefit and protection of plaintiff. The facts made the basis of plaintiff’s claim, as set forth in the complaint, are substantially as follows: Plaintiff is the widow of Oscar Rask, who…

2Cases cited6 opinions

  1. Linz v. SchuckCourt of Appeals of Maryland · 1907
  2. Muir v. KaneWashington Supreme Court · 1909
  3. Parsons v. . TellerNew York Court of Appeals · 1907
  4. Mason v. CampbellSupreme Court of Minnesota · 1880
  5. Fidelity & Casualty Co. v. ThompsonCalifornia Supreme Court · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. McConnell v. Bible InstituteCalifornia Supreme Court · 1936
  2. State v. FunkOregon Supreme Court · 1921
  3. Haase v. CardozaCalifornia Court of Appeal · 1958
  4. Kershaw v. Tracy Collins Bank & Trust Co.Utah Supreme Court · 1977
  5. State v. SpaldingSupreme Court of Minnesota · 1926

3 more not listed; retrieve them via the Exa API.

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