Second National Bank v. Donald
Supreme Court of Minnesota
Appeal by claimant, Charles E. Magraw, from an order of the Municipal Court of the city of St. Paul, H. W. Cory, J., made September 26,1893, denying his motion for a new trial. The plaintiff, the Second National Bank of Winona, brought this action in the Municipal Court of the City of St. Paul against Alexander Donald to recover a debt he owed it. At the same time its attorney made and filed an affidavit that C. Gf. Edwards had money in his hands belonging to Donald.
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Appeal by claimant, Charles E. Magraw, from an order of the Municipal Court of the city of St. Paul, H. W. Cory, J., made September 26,1893, denying his motion for a new trial. The plaintiff, the Second National Bank of Winona, brought this action in the Municipal Court of the City of St. Paul against Alexander Donald to recover a debt he owed it. At the same time its attorney made and filed an affidavit that C. Gf. Edwards had money in his hands belonging to Donald. A garnishee summons was issued and served on Edwards. He appeared and disclosed that he had $125 in his hands, a balance of…
1Opinion of the CourtMitchell, J.
The only question in this case is whether the evidence justified the finding that the money in the hands of the garnishee, Edwards, belonged to the defendant, Donald, and not to the claimant, Magraw.
The case rested entirely on the testimony of the claimant and the defendant. They both testified to substantially the following state of facts: Defendant, Donald, and a number of others, had formed a voluntary association to search for and secure mineral properties which were supposed to exist in valuable quantities in the vicinity of St. Paul; and for the purpose of defraying the expenses of…
2Cited by22 opinions
- O'Leary v. WangensteenSupreme Court of Minnesota · 1928
- Babich v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1923
- Olsson v. Midland InsuranceSupreme Court of Minnesota · 1917
- Klare v. PetersonSupreme Court of Minnesota · 1924
- Kornig v. Western Life Indemnity Co.Supreme Court of Minnesota · 1907
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