Legal Opinion

Merritt v. Haas

Supreme Court of Minnesota

Decided January 13, 1911No. Nos. 16,851—(204)PublishedCited by 8 opinions

Action in the district court for Ramsey county by the trustee of the trust estate of E. St. Julien Cox, under the last will and testament of William S. Cox, deceased, to recover $3,600. The complaint, among other matters, set out an order of that court directing a former trustee of that trust to pay over to plaintiff as his successor the sum of $9,037.16, and, in case of failure to make such payment, permitting plaintiff to sue upon his predecessor’s bond, set out the…

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Action in the district court for Ramsey county by the trustee of the trust estate of E. St. Julien Cox, under the last will and testament of William S. Cox, deceased, to recover $3,600. The complaint, among other matters, set out an order of that court directing a former trustee of that trust to pay over to plaintiff as his successor the sum of $9,037.16, and, in case of failure to make such payment, permitting plaintiff to sue upon his predecessor’s bond, set out the agreement given in the opinion, and alleged that the four notes mentioned in that agreement, and interest thereon since the…

1Opinion of the CourtSimpson, J.

The facts in this case are substantially as follows:

One Albert Scheffer was trustee in possession of certain trust property. Defendants were sureties on his bond as such trustee. By order of the district court Scheffer was removed from his said trusteeship, George F. Merritt, plaintiff herein, was appointed in his stead, and Scheffer was directed to pay over to his successor a certain sum as part of the trust estate. Upon Scheffer’s failure to pay the directed sum, the plaintiff herein sued him and his bonds*221men, the defendants, to recover the same. During the pendency of that action it was…

2Cases cited4 opinions

  1. Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
  2. Lorillard v. . ClydeNew York Court of Appeals · 1894
  3. McMillan v. FoxWisconsin Supreme Court · 1895
  4. Crowell v. Northwestern National Life InsuranceSupreme Court of Minnesota · 1906

3Cited by8 opinions

  1. Dahmes v. Industrial Credit Co.Supreme Court of Minnesota · 1961
  2. Minnesota Vikings Football Club, Inc. v. Metropolitan CouncilSupreme Court of Minnesota · 1979
  3. Valley National Bank v. CownieSupreme Court of Iowa · 1914
  4. Central Baptist Theological Seminary v. Entertainment Communications, Inc.Court of Appeals of Minnesota · 1984
  5. Dahmes v. Industrial Credit Co.Supreme Court of Minnesota · 1961

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