Cushing v. Hurley
Supreme Court of Minnesota
Action in the district court for Ramsey county against J. A. Hurley and the Western Supply Company to determine that defendants had not any right, claim or demand in or to certain parcels of real property described in the trust deed mentioned in the opinion; but only the right to receive from plaintiff trustees out of the proceeds on the sale thereof such sums of money as by the terms of the trust deed defendant was entitled to receive on account thereof, and that any deed…
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Action in the district court for Ramsey county against J. A. Hurley and the Western Supply Company to determine that defendants had not any right, claim or demand in or to certain parcels of real property described in the trust deed mentioned in the opinion; but only the right to receive from plaintiff trustees out of the proceeds on the sale thereof such sums of money as by the terms of the trust deed defendant was entitled to receive on account thereof, and that any deed made by plaintiffs under such trust deed would be effective to convey all the title which Mark J. Fitzpatrick and Bridget…
1Opinion of the CourtBrown, J.
The facts in this case as disclosed by the pleadings, and about which there is no substantial controversy, save as to the legal inferences to be drawn therefrom, are as follows:
Some time prior to March 12, 1908, Thomas and Mark Fitzpatrick were copartners, engaged in the business of contractors. Prior to the date named, Thomas died, leaving Mark the sole survivor, who, at the time stated, was engaged in winding up'the affairs of the firm. The copartnership, and also Mark Fitzpatrick individually, were heavily indebted to various, persons, which indebtedness could not be paid or discharged,…
2Cases cited3 opinions
- Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
- Styer v. SpragueSupreme Court of Minnesota · 1896
- Palmer v. YorksSupreme Court of Minnesota · 1899
3Cited by3 opinions
- Union Central Life Ins. Co. v. PageSupreme Court of Minnesota · 1933
- Van Dyck Heating & Plumbing Co. v. Central Iowa Building Co.Supreme Court of Iowa · 1925
- Union Central Life Insurance v. PageSupreme Court of Minnesota · 1933