Forepaugh v. Westfall
Supreme Court of Minnesota
Appeal by plaintiff, Mary A. Forepaugh, from a judgment of the District Court of Bamsey County, John W. Willis, J., entered December 2, 1893. On June 12, 1891, Joseph L. Forepaugh leased to the Seven Corners Bank, rooms on the corner of West Seventh and Eagle Streets in St. Paul for three years from and after September 1, 1891, to be occupied by it for its banking house. The bank agreed to pay him $80 rent each month in advance during the term.
Read the full summary
Appeal by plaintiff, Mary A. Forepaugh, from a judgment of the District Court of Bamsey County, John W. Willis, J., entered December 2, 1893. On June 12, 1891, Joseph L. Forepaugh leased to the Seven Corners Bank, rooms on the corner of West Seventh and Eagle Streets in St. Paul for three years from and after September 1, 1891, to be occupied by it for its banking house. The bank agreed to pay him $80 rent each month in advance during the term. The bank entered and paid the rent to August 1, 1893. Joseph L. Forepaugh died testate July 8, 1892. His will was admitted to probate. The plaintiff…
1Opinion of the CourtCanty, J.
The complaint in this action alleges that tbe plaintiff’s tenant, carrying on a banking business on the leased premises, made an assignment to defendant for the equal benefit of all its creditors under the laws of this state. That defendant took possession of the premises, and “continued the business thereon for the purpose *124of carrying out the trust imposed upon him as such assignee” for one month, paid the rent to plaintiff for that month, and then abandoned the premises, there being then more than nine months of the term of the lease still unexpired. The action is brought to recover the…
2Cases cited4 opinions
- Journeay v. BrackleyNew York Court of Common Pleas · 1857
- Wilder v. PeabodySupreme Court of Minnesota · 1887
- Jermain v. PattisonNew York Supreme Court · 1865
- White v. ThomasSupreme Court of Missouri · 1882
3Cited by4 opinions
- Baehr v. Penn-O-Tex Oil Corp.Supreme Court of Minnesota · 1960
- McLaughlin v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1934
- Nelson v. KalkhoffSupreme Court of Minnesota · 1895
- Seibert v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1894