Trustees of German Evangelical Lutheran St. John's Congregation v. Merchants National Bank
Supreme Court of Minnesota
Action in the district court for Ramsey county by the trustees of two Lutheran churches to recover $7,650, the value of certain certificates of deposit purchased from defendant.
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Action in the district court for Ramsey county by the trustees of two Lutheran churches to recover $7,650, the value of certain certificates of deposit purchased from defendant. The complaint alleged that the moneys for which the certificates were issued were known by defendant to be the property of plaintiffs and of the German Lutheran Cemetery board, and J. Brandtjen and C. Gerstermeier, to whose order the certificates were issued, had no interest therein; that when the certificates were issued defendant neglected to ascertain from plaintiffs or the cemetery board the authorized indorsement…
1Opinion of the CourtBunn, J.
Plaintiffs are church corporations and jointly own and manage by means of a board of directors of eight members, four from each church, the German Lutheran Cemetery in St. Paul. This board elects a president and treasurer. The by-laws provide that 20 per cent of the selling price of lots in the cemetery shall be set aside and become a part of a fund to be known as “The Continuous Care and Improvement Fund,” that this fund shall be invested in safe securities and the interest used for the purpose of keeping lots in good condition and for the general improvement of the cemetery. Until changed…
2Cases cited4 opinions
- McMahon v. German-American National BankSupreme Court of Minnesota · 1910
- Robbins v. HorganMassachusetts Supreme Judicial Court · 1906
- Smith v. DukesSupreme Court of Minnesota · 1861
- Lennon v. BrainardSupreme Court of Minnesota · 1887
3Cited by4 opinions
- Egner v. States Realty Co.Supreme Court of Minnesota · 1947
- American Surety Co. v. PeytonSupreme Court of Minnesota · 1932
- Berger v. Nationstar Mortgage LLCDistrict Court, D. Minnesota · 2015
- In Re the Liquidation of the Chinese American BankHawaii Supreme Court · 1943