Goldsmidt v. Trustees of the First Methodist-Episcopal Church
Supreme Court of Minnesota
Plaintiff brought this action, in the district court for Nobles county, praying that certain notes made by defendant,, and of which plaintiff was assignee, and of which the defendant had acquired possession by purchase from a pledgee of plaintiff’s assignor, might be surrendered to him; that the: purchase be declared a fraud upon him, and void; and that -the payment made thereon by the defendant be endorsed as a partial payment on the notes.
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Plaintiff brought this action, in the district court for Nobles county, praying that certain notes made by defendant,, and of which plaintiff was assignee, and of which the defendant had acquired possession by purchase from a pledgee of plaintiff’s assignor, might be surrendered to him; that the: purchase be declared a fraud upon him, and void; and that -the payment made thereon by the defendant be endorsed as a partial payment on the notes. The action'was tried before Dickinson, J., who found the facts as stated in the opinion,, and ordered judgment for defendant. A new trial was denied,-…
1Opinion of the CourtGilfillan, C. J.
The defendant is a religious corporation' incorporated under Gen. St. c. 34, tit. 4, and located at Worthington. By its trustees, it executed several promissory notes, dated July 1, 1873, but not delivered till February, 1875, payable to the order of A. P. Miller, at different times,for different sums. They were executed to secure the purchase-money of real estate sold the corporation. In February,. 1875, Miller pledged five of these notes to one Bartlett, to-secure a debt which he owed to Bartlett, and endorsed in-blank and delivered them to Bartlett.
These notes fell due at various dates…
2Cases cited4 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Stearns v. MarshNew York Supreme Court · 1847
- Cortelyou v. LansingNew York Supreme Court · 1796
- White v. PhelpsSupreme Court of Minnesota · 1869
3Cited by3 opinions
- Palmer v. Mutual Life InsuranceSupreme Court of Minnesota · 1911
- Cooper v. SimpsonSupreme Court of Minnesota · 1889
- Drake v. Pueblo National BankSupreme Court of Colorado · 1908