Crane v. Wheeler
Supreme Court of Minnesota
Appeal by Frank I. Crane, assignee of Wilkins & Smith, from an ■ order of the district court, Mower county, Farmer, J., made August. 15, 1891, refusing a new trial. W. T. Wilkins and Fay E. Smith were, in 1882, partners doing a private banking business at Austin, Minn. Henry Wheeler left money with them, and instructed them to loan it out for him on mortgage and indorsed notes.
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Appeal by Frank I. Crane, assignee of Wilkins & Smith, from an ■ order of the district court, Mower county, Farmer, J., made August. 15, 1891, refusing a new trial. W. T. Wilkins and Fay E. Smith were, in 1882, partners doing a private banking business at Austin, Minn. Henry Wheeler left money with them, and instructed them to loan it out for him on mortgage and indorsed notes. They loaned $1,500 of Wheeler’s money to Jonathan Gregson, June 5, 1882, for one year, and took as security Gregson’s note, without indorser, and a third mortgage on his flouring mill, near Austin. Wheeler resided at…
1Opinion of the CourtGileillan, C. J.
In the insolvency proceedings Wheeler filed his petition, verified, by his attorney, setting forth his claim against the insolvents. The assignee disallowed the claim, and the claimant appealed to the district court. Upon such appeal the claim is to be *211tried as other civil actions. Laws 1881, ch. 148, § 8. When the appeal came on for trial the assignee objected to evidence being offered to prove the claim on about this proposition, as near as we can tell from the statement of the objection in the settled case and from the brief: That the court is to hear the appeal only upon such proof of the…
2Cases cited7 opinions
- Craig v. . ParkisNew York Court of Appeals · 1869
- Moakley v. RiggsNew York Supreme Court · 1821
- Nichols, Shepard & Co. v. AllenSupreme Court of Minnesota · 1875
- Sheldon v. ButlerSupreme Court of Minnesota · 1878
- Wilson v. HentgesSupreme Court of Minnesota · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Conrad v. ClarkeSupreme Court of Minnesota · 1909
- Peterson v. RussellSupreme Court of Minnesota · 1895
- Merritt v. HaasSupreme Court of Minnesota · 1908
- Peoples State Bank of Cannon Falls v. Drake-Ballard Co.Supreme Court of Minnesota · 1925
- Rolfsmeyer v. RauSupreme Court of Minnesota · 1936
4 more not listed; retrieve them via the Exa API.