Gilbert v. Hewetson
Supreme Court of Minnesota
Action in the district court for Winona county by plaintiff, as receiver of the estate of Mels C. Frederiksen, against Michael Hewetson and Bessie Hewetson, his wife, to enforce a. constructive trust. The case was tried before Snow, J., who found in favor of defendants. From a judgment entered pursuant to the findings, plaintiff appealed. The money was received from Nunnenmacher charged with a trust in favor of the receiver.
Read the full summary
Action in the district court for Winona county by plaintiff, as receiver of the estate of Mels C. Frederiksen, against Michael Hewetson and Bessie Hewetson, his wife, to enforce a. constructive trust. The case was tried before Snow, J., who found in favor of defendants. From a judgment entered pursuant to the findings, plaintiff appealed. The money was received from Nunnenmacher charged with a trust in favor of the receiver. By virtue of his appointment as receiver Filkins became trustee for Frederiksen’s creditors, holding his estate for their'benefit. High, Rec. § 175; Smith, Rec. § 6. He…
1Opinion of the CourtBrown, J.
This is an action to enforce a constructive trust. The defendants had judgment in the court below, and the plaintiff appeals.
The facts, in brief, are as follows: In December, 1889, in a creditors’ suit brought in the superior court of Cook county, in the state of Illinois, one Edward A. Filkins, of the city of Chicago, was duly appointed by said court receiver of the property and estate’ of the defendant in such action, Niels C. Frederiksen, with all the powers, rights, and duties of receivers in such cases. Said Filkins duly qualified as such receiver, and thereafter continued to act as such…
2Cases cited6 opinions
- King v. RemingtonSupreme Court of Minnesota · 1886
- Putnam v. PitneySupreme Court of Minnesota · 1891
- Filkins v. NunnemacherWisconsin Supreme Court · 1892
- Hardwick v. IcklerSupreme Court of Minnesota · 1897
- Swedish-American National Bank v. BleeckerSupreme Court of Minnesota · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Clark v. WilliardSupreme Court of the United States · 1934
- Clark v. WilliardSupreme Court of the United States · 1935
- McDonald v. Pacific States Life InsuranceSupreme Court of Missouri · 1939
- Turner v. FrybergerSupreme Court of Minnesota · 1905
- Schmitt v. HagerSupreme Court of Minnesota · 1903
16 more not listed; retrieve them via the Exa API.