Legal Opinion

Lamberton v. Youmans

Supreme Court of Minnesota

Decided July 5, 1901No. Nos. 12,549—(84)PublishedCited by 6 opinions

William H. Yale having made an assignment for tbe benefit of bis creditors, plaintiff, as a creditor, filed bis claim with tbe assignee, defendant Youmans. Tbe claim being disallowed, plaintiff appealed to tbe district court for Winona county. Tbe case was tried before Snow, J.,' who found in favor of defendant. From a judgment entered pursuant to tbe findings, plaintiff appealed to tbe supreme court.

1Opinion of the CourtLewis, J.

On February 27, 3879, William H. Yale executed a declaration of trust wbicb recited that H. W. Lamberton bad advanced *110$4,983.88 for the purpose of purchasing city lots in Winona, and certain farming lands in Winona and Mower counties. The document stated that the title to the property should be taken in the name of Yale; that he would execute his promissory note, bearing interest at ten per cent., to Lamberton, for the amount advanced; that he would proceed to sell the lots and property as though they were his own, applying the proceeds upon the note, and in one year from the date of the…

2Cases cited2 opinions

  1. Wheeler v. GormanSupreme Court of Minnesota · 1900
  2. Wilson v. WellesSupreme Court of Minnesota · 1900

3Cited by6 opinions

  1. Stianson v. StiansonSouth Dakota Supreme Court · 1918
  2. Thomas Peebles & Co. v. ShermanSupreme Court of Minnesota · 1921
  3. Pushor v. American Railway Express Co.Supreme Court of Minnesota · 1921
  4. Johnston v. JohnstonSupreme Court of Minnesota · 1909
  5. Kruse v. TrippSupreme Court of Minnesota · 1915

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