Town of Birch Cooley v. First National Bank
Supreme Court of Minnesota
Action in tbe district court for Hennepin county to recover possession of certain railway-aid bonds issued by plaintiff. Defendant disclaimed interest in the bonds and deposited them with the clerk of the district court. Thereupon the Minneapolis & St. Louis Railroad Company filed a complaint of intervention, claiming to be the owner of the bonds and entitled to their possession. The case was tried before Harrison, J., who directed a verdict in favor of the intervenor.
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Action in tbe district court for Hennepin county to recover possession of certain railway-aid bonds issued by plaintiff. Defendant disclaimed interest in the bonds and deposited them with the clerk of the district court. Thereupon the Minneapolis & St. Louis Railroad Company filed a complaint of intervention, claiming to be the owner of the bonds and entitled to their possession. The case was tried before Harrison, J., who directed a verdict in favor of the intervenor. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.
1Opinion of the Court
START, O. J.
This action was brought to recover from the defendant bank the possession of eleven railway-aid bonds, each being for the sum of $500, and bearing interest payable semiannually at the rate of seven per cent, per annum from July 1, 1881.
The defendant by its answer admitted that the bonds were in its possession, but disclaimed any interest therein, and alleged that the Minneapolis & St. Louis Railroad Company was the only party to the knowledge of the defendant making any claim' thereto,
Thereupon the defendant deposited the bonds with the clerk of the court, pursuant to Laws 1895,…
2Cases cited15 opinions
- Leeds v. LittleSupreme Court of Minnesota · 1890
- Elliott v. CaldwellSupreme Court of Minnesota · 1890
- City of Winona v. Minnesota Railway Construction Co.Supreme Court of Minnesota · 1880
- Curtis v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1873
- Memphis, Kansas & Colorado Railway Co. v. ThompsonSupreme Court of Kansas · 1880
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3Cited by7 opinions
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- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- American Surety Co. of New York v. Independent School Dist. No. 18 of Lake ParkCourt of Appeals for the Eighth Circuit · 1931
- Hunt v. UptonWashington Supreme Court · 1906
- Paving Plus, Inc. v. Professional Investment, Inc.Court of Appeals of Minnesota · 1986
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