Legal Opinion

Stein v. Kemp

Supreme Court of Minnesota

Decided January 14, 1916No. Nos. 19,449—(75)PublishedCited by 18 opinions

Action in the district court for Clay county against the receiver of the Barnesville National Bank of Barnesville to recover $5,000 deposited in that bank pursuant to a written agreement between Frank A. Hoyt and plaintiff. The case was tried before Nye, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

1Opinion of the CourtSchaller, J.

On April 21, 1913, F. C. Cary, president of the Barnesville National Bank of Barnesville, Minnesota, accompanied Frank A. Hoyt to the residence of Mrs. Kate M. Stein at Lemmon, South Dakota. The call resulted in the sale by Hoyt to Mrs. Stein of a tract of 320 acres of land near Barnesville. The purchase price was $12,800, $4,800 of which was paid by the delivery of certain personal property to Hoyt at the time the contract was executed. The balance, $8,000, was, under the terms of the contract, to be paid to Hoyt when title was perfected on delivery of deed. Five thousand dollars of the…

2Cases cited5 opinions

  1. In re State BankSupreme Court of Minnesota · 1894
  2. Third National Bank v. Stillwater Gas Co.Supreme Court of Minnesota · 1886
  3. Security Bank v. Northwestern Fuel Co.Supreme Court of Minnesota · 1894
  4. South Park Foundry & Machine Co. v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1899
  5. Citizens State Bank v. E. A. Tessman & Co.Supreme Court of Minnesota · 1913

3Cited by18 opinions

  1. Blythe v. KujawaSupreme Court of Minnesota · 1928
  2. Farmers State Bank v. Sig Ellingson & Co.Supreme Court of Minnesota · 1944
  3. Blummer v. Scandinavian American State BankSupreme Court of Minnesota · 1926
  4. Milne v. Capital Trust & Savings BankSupreme Court of Minnesota · 1927
  5. Hjelle v. VeigelSupreme Court of Minnesota · 1926

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