Grand Lodge v. Towne
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $2,500 paid to defendant. The answer, ■ among other matters, alleged that- in accepting that sum defendant fully believed that the same was paid him at the request of Emma M. Anschutz acting through her agent, C. J. O’Donnell, and defendant received the sum so paid in good faith and fully believed that the note and mortgage so satisfied were valid and genuine instruments, and defendant us,ed all reasonable care and…
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Action in the district court for St. Louis county to recover $2,500 paid to defendant. The answer, ■ among other matters, alleged that- in accepting that sum defendant fully believed that the same was paid him at the request of Emma M. Anschutz acting through her agent, C. J. O’Donnell, and defendant received the sum so paid in good faith and fully believed that the note and mortgage so satisfied were valid and genuine instruments, and defendant us,ed all reasonable care and prudence in the transaction. The facts are stated at the beginning of the opinion. The case was tried by Eesler, J.,…
1Opinion of the CourtBunn, J.
The question in this case is which of two innocent parties, plaintiff or defendant, shall suffer for a wrong committed by a third person. The trial court decided in favor of defendant and plaintiff appeals from the judgment.
The facts are as follows: Plaintiff, a fraternal insurance corporation authorized and accustomed to loan its surplus funds on real estate security, in June, 1911, received a written application from the Hartman-O’Donnell Agency of Duluth, ostensibly on behalf of Emma M. Anschutz, for a loan of $5,000 for five years, secured on certain improved *74real estate in Duluth owned…
2Cases cited20 opinions
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Brand v. WilliamsSupreme Court of Minnesota · 1882
- Corn Exchange Bank v. . Nassau BankNew York Court of Appeals · 1883
- Todd v. BettingenSupreme Court of Minnesota · 1910
- Heywood v. Northern Assurance Co.Supreme Court of Minnesota · 1916
15 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Youngstown Mines Corp. v. ProutSupreme Court of Minnesota · 1963
- Smith v. RubelOregon Supreme Court · 1932
- Aebli v. Board of EducationCalifornia Court of Appeal · 1944
- National Shawmut Bank v. Fidelity Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1945
- Central National Bank v. First & Merchants National BankSupreme Court of Virginia · 1938
15 more not listed; retrieve them via the Exa API.