MacDonald v. Kneeland
Supreme Court of Minnesota
appeal from the district Court of ramisey county. Points and Authorities of Plaintiffs in Error. I. — ¥e claim that tbe contract or indebtedness of Pease to tbe Railroad Company was never assigned to tbe Plaintiffs. This Pease contract was not like a negotiable instrument, and could not be transferred so as to vest any more rights in or under it than the company had at the time of such transter.
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appeal from the district Court of ramisey county. Points and Authorities of Plaintiffs in Error. I. — ¥e claim that tbe contract or indebtedness of Pease to tbe Railroad Company was never assigned to tbe Plaintiffs. This Pease contract was not like a negotiable instrument, and could not be transferred so as to vest any more rights in or under it than the company had at the time of such transter. If the Company could not sue upon it, and Lad no rights under it, or claim to it, then the person taking it would be in tbe same situation. 11 Paige, 467. Now at the alleged time of this assignment to…
1Opinion of the Court
*357 By the Oowrt.
Atwatee, J.
This was an an . action by Kneeland and Ludington (Plaintiffs below) to set aside a judgment recovered in the District Court of Bamsey County, in favor of the Defendants, MacDonald and Graham, against the Defendant, E. M. S. Pease, garnishee of the Minneapolis & Cedar Yalley B. B. Company. The Defendants MacDonald and Graham had recovered a judgment against said company, for some $38,000, for work done in grading the road, and garnisheed the Defendant Pease, who was indebted to the Bail Boad Company for 43 Minnesota State B. B. bonds; which indebtedness was to be…
2Cases cited8 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Bush v. . LathropNew York Court of Appeals · 1860
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Hull v. BlakeMassachusetts Supreme Judicial Court · 1816
- Comstock v. FarnumMassachusetts Supreme Judicial Court · 1806
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3Cited by5 opinions
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- Kipp v. ClingerSupreme Court of Minnesota · 1906
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- Torinus v. BuckhamSupreme Court of Minnesota · 1882
- Purcell v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1895