Legal Opinion

Kalichoff v. Nelson

Supreme Court of Minnesota

Decided February 14, 1895No. 9079PublishedCited by 22 opinions

Action against B. F. Nelson, as receiver of James EL Bishop and Company. The facts are stated in the opinion. The parties to-the action consenting, W.-E. Hale, Esq., was appointed referee to try the issues of fact and-law and report a judgment thereon.

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Action against B. F. Nelson, as receiver of James EL Bishop and Company. The facts are stated in the opinion. The parties to-the action consenting, W.-E. Hale, Esq., was appointed referee to try the issues of fact and-law and report a judgment thereon. At the trial an objection to the introduction by plaintiff of testimony was sustained, and the referee granted a motion by defendant to dismiss the action, for the reason that the complaint did not state facts-sufficient to constitute a cause of action, and that the claim of plaintiffs was contingent, unliquidated, and not provable as a debt…

1Opinion of the CourtStart, C. J.

The material facts, as admitted by the pleadings, are as follows: James H.Bishop & Company was on May 1,1891, and ever since has been, a corporation organized under the laws of this state. On that day it and the appellants duly made and delivered each to the other a lease of the premises described in the complaint in this action, then and now owned by the appellants, whereby they leased the premises to the corporation for the term of 10 years, for the reserved rent of $6,000 for each year, payable $500 monthly in advance,- on the first day of each and every month, which rent the corporation…

2Cases cited6 opinions

  1. Bolles v. SachsSupreme Court of Minnesota · 1887
  2. Bowe v. Minnesota Milk Co.Supreme Court of Minnesota · 1890
  3. Atwater v. Manchester Savings BankSupreme Court of Minnesota · 1891
  4. In re People's Live Stock InsuranceSupreme Court of Minnesota · 1894
  5. Wilder v. PeabodySupreme Court of Minnesota · 1887

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

3Cited by22 opinions

  1. Miller v. RobertsonSupreme Court of the United States · 1924
  2. In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
  3. O'Neill v. Supreme CouncilSupreme Court of New Jersey · 1904
  4. Gruman v. Investors Diversified Services, Inc.Supreme Court of Minnesota · 1956
  5. Maguire v. KieselSupreme Court of Connecticut · 1913

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

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