Buffum v. Hale
Supreme Court of Minnesota
Action begun September 15, 1896, in the district court for Hennepin county against the receiver of the American Savings & Loan Association to recover $496.50. The premises mortgaged by plaintiff were situated in South Dakota. The other facts are stated in the opinion. From a judgment dismissing the action, pursuant to the findings and order of Elliott, J., plaintiff appealed.
Read the full summary
Action begun September 15, 1896, in the district court for Hennepin county against the receiver of the American Savings & Loan Association to recover $496.50. The premises mortgaged by plaintiff were situated in South Dakota. The other facts are stated in the opinion. From a judgment dismissing the action, pursuant to the findings and order of Elliott, J., plaintiff appealed. The appointment of a receiver in a suit brought on behalf of all creditors stops the running of the statute as to all claims not outlawed at the time of entry of such appointment. Rights of creditors become fixed as of…
1Opinion of the CourtCollins, J.
2
In 1890 the American Savings & Loan Association, a corporation organized under the laws of this state, foreclosed under the power a mortgage it held upon plaintiff’s real estate, and at the sale, June 28, 1890, bid in the premises for more than was actually due.
January 14, 1896, in proceedings duly instituted by the attorney general in accordance with the provisions of Gr. S. 1894, § 5900 et seq., said corporation was declared insolvent, and thereupon the defendant, Hale, was, by the order of the court, duly appointed temporary receiver thereof. He immediately qualified, and entered upon the…
2Cases cited2 opinions
- Danforth v. National Chemical Co.Supreme Court of Minnesota · 1897
- State ex rel. Childs v. American Savings & Loan Ass'nSupreme Court of Minnesota · 1896
3Cited by3 opinions
- McGhee v. Casualty Co. of AmericaOhio Court of Appeals · 1921
- Smith v. National Credit InsuranceSupreme Court of Minnesota · 1899
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1898