Clark v. B. B. Richards Lumber Co.
Supreme Court of Minnesota
Appeal by Duluth Trust Company, as assignee in insolvency of defendant lumber company, from an order of the district court for St. Louis county, Moer, J., denying a new trial, after findings that plaintiff was entitled to the sum of $258,632.25 under the contract mentioned in the opinion and to a first lien upon certain lumber cut under that contract, and upon all the standing pine timber covered by said contract, and directing a sale of the standing timber and of the…
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Appeal by Duluth Trust Company, as assignee in insolvency of defendant lumber company, from an order of the district court for St. Louis county, Moer, J., denying a new trial, after findings that plaintiff was entitled to the sum of $258,632.25 under the contract mentioned in the opinion and to a first lien upon certain lumber cut under that contract, and upon all the standing pine timber covered by said contract, and directing a sale of the standing timber and of the lumber. That the assignee may enforce the rights of the general creditors see Cragin v. Carmichael, 2 Dillon, 519; Kane v.…
1Opinion of the Court
START, O. J.
On November 2, 1894, the plaintiff: and the defendant lumber company executed the contract which is made a part of the complaint herein, whereby the plaintiff agreed to sell, apd the lumber company to buy, all of the pine timber standing on certain lands owned by the plaintiff in the county of Carlton, Minn., for the sum of $265,000. The lumber company paid the purchase price by $250 in cash, and the balance, $264,750, by its eight promissory notes, with annual interest at six per cent., due at different times, the first on or before December 1, 1894, and the last on or before…
2Cases cited15 opinions
- Blennerhassett v. ShermanSupreme Court of the United States · 1882
- Merrill v. ResslerSupreme Court of Minnesota · 1887
- Lillie v. DunbarWisconsin Supreme Court · 1885
- Standard Paper Co. v. GuentherWisconsin Supreme Court · 1886
- Gallagher v. RosenfieldSupreme Court of Minnesota · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Title Guaranty & Surety Co. v. WitmireCourt of Appeals for the Sixth Circuit · 1912
- Curtis, Receiver v. LewisSupreme Court of Connecticut · 1902
- Gridley v. MyersSupreme Court of Minnesota · 1898
- Malmo v. Washington Rendering & Fertilizing Co.Washington Supreme Court · 1914
13 more not listed; retrieve them via the Exa API.