Legal Opinion

Hayne v. Metropolitan Trust Co.

Supreme Court of Minnesota

Decided January 19, 1897No. Nos. 10,244, 10,245—(208, 209)PublishedCited by 10 opinions

Separate appeals by plaintiff from an order of the district court for Hennepin county, Russell, J., sustaining the demurrer of defendant Dunn to the complaint, and by defendant Metropolitan Trust Company from an order overruling its demurrer to the complaint.

1Opinion of the CourtMitchell, J.

Two demurrers to the complaint were interposed, —one by the Metropolitan Trust Company (which we shall hereafter call the “Trust Company”) on the ground that it did not state a cause of action; and the other by the state auditor, Dunn, on the same ground, and on the further ground that the court had no jurisdiction of him. The court overruled the demurrer of the trust company, and sustained that of Dunn on the second ground.

The essential allegations of the complaint, stated briefly and according to their legal purport, were as follows: The National Credit Insurance Company (which we shall…

2Cases cited4 opinions

  1. Martin v. LennonSupreme Court of Minnesota · 1872
  2. Seamans v. Christian Bros. Mill Co.Supreme Court of Minnesota · 1896
  3. State ex rel. Tuttle v. BradenSupreme Court of Minnesota · 1889
  4. Lancashire Insurance v. MaxwellNew York Court of Appeals · 1892

3Cited by10 opinions

  1. Cooke v. IversonSupreme Court of Minnesota · 1909
  2. State ex rel. Kinsella v. EberhartSupreme Court of Minnesota · 1911
  3. State Ex Rel. Birkeland v. ChristiansonSupreme Court of Minnesota · 1930
  4. Hobbs v. Occidental Life Ins. Co.Court of Appeals for the Tenth Circuit · 1937
  5. Vandiver v. PoeCourt of Appeals of Maryland · 1913

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