Legal Opinion

City of Winona v. Thompson

Supreme Court of Minnesota

Decided October 17, 1877PublishedCited by 9 opinions

This was an action for the alleged conversion of certain bonds, brought originally in the district court for Winona county, but afterwards removed to the district court of Steele county.

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This was an action for the alleged conversion of certain bonds, brought originally in the district court for Winona county, but afterwards removed to the district court of Steele county. The complaint set out an agreement in writing between the city of Winona and the Minnesota Railway Construction Company, made April 30, 1870, wherein it was recited that the said Minnesota Construction Company was engaged in the construction of the St. Paul & Chicago Railway, and that the building of a railroad from St. Paul to Winona would be of great public utility and benefit, and a public improvement…

1Opinion of the CourtCornell, J.

All the evidence is before us, and the question is presented whether, upon the uneontroverted facts as disclosed, the action is maintainable against the defendants. The point in controversy concerns rather the construction of the agreement between the city and the construction company, than what has been done under it in the way of performance. In respect to the latter it is conceded that the La Crosse, Trempealeau & Prescott Railroad was built, equipped, and put into operation as provided in the agreement, and that the stipulation in that regard was fully complied with. The following facts…

2Cited by9 opinions

  1. City of Winona v. Minnesota Railway Construction Co.Supreme Court of Minnesota · 1880
  2. Ohio Citizens Trust Co. v. Air-Way Electric Appliance Corp.District Court, N.D. Ohio · 1944
  3. Stone v. HarmonSupreme Court of Minnesota · 1884
  4. Miller v. O. B. McClintock Co.Supreme Court of Minnesota · 1941
  5. Austin v. WagesSupreme Court of Minnesota · 1883

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