Legal Opinion

Sheren v. Mendenhall

Supreme Court of Minnesota

Decided June 27, 1876PublishedCited by 6 opinions

The plaintiff brought this action in the district court for Hennepin county, against R. J. Mendenhall and R. J. Baldwin, to recover moneys deposited with them as partners under the name of the State Savings Association, a firm originally composed of defendants and one T. A. Morphy. The defendant Baldwin answered, denying the partnership, and alleging that the Savings Association was a corporation.

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The plaintiff brought this action in the district court for Hennepin county, against R. J. Mendenhall and R. J. Baldwin, to recover moneys deposited with them as partners under the name of the State Savings Association, a firm originally composed of defendants and one T. A. Morphy. The defendant Baldwin answered, denying the partnership, and alleging that the Savings Association was a corporation. At the trial in the district court, before John H. Brown, J., (acting for the judge of the fourth district) the plaintiff had a verdict; a new trial ivas refused, and defendants appealed.

1Opinion of the Court

Berry, J.1

Pub. St. c. 17, § 56, (which is amended by Laws 1863, c. 58,) authorizes any three or more persons, desirous of forming any benevolent or charitable society, to become a corporation upon taking certain steps prescribed therein, and in section 57 of the same chapter. Under these provisions of statute, the defendants and one Merphy under*93took to form a corporation, the business of which is described in the “ articles ” as “ such as is usually transacted by savings institutions.” The articles provide that the “ corporation shall be a joint-stock company, with a capital stock of…

2Cited by6 opinions

  1. Bistline v. BassettIdaho Supreme Court · 1928
  2. Brown v. Maplewood Cemetery Ass'nSupreme Court of Minnesota · 1902
  3. State v. North Star Research & Development InstituteSupreme Court of Minnesota · 1972
  4. In re the Transfer Tax of the Estate of KennedyAppellate Division of the Supreme Court of the State of New York · 1934
  5. In re St. Louis Institute of Christian ScienceMissouri Court of Appeals · 1887

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