Legal Opinion

Imperial Elevator Co. v. Bennett

Supreme Court of Minnesota

Decided November 6, 1914No. Nos. 18,524, 18,525-(24, 25)PublishedCited by 12 opinions

Action in tbe district court for Hennepin county for $1,423.04, to obtain judgment that the assignment from defendant to Jennie M. Thompson was fraudulent and void, to impress the proceeds of the policy of fire insurance issued by the garnishee company with an equitable lien, and to require it to be turned over to plaintiff to the full extent of its claim. Jennie M. Thompson intervened. The Fidelity-Phenix Fire Insurance Co. of New York was garnisheed.

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Action in tbe district court for Hennepin county for $1,423.04, to obtain judgment that the assignment from defendant to Jennie M. Thompson was fraudulent and void, to impress the proceeds of the policy of fire insurance issued by the garnishee company with an equitable lien, and to require it to be turned over to plaintiff to the full extent of its claim. Jennie M. Thompson intervened. The Fidelity-Phenix Fire Insurance Co. of New York was garnisheed. The facts are stated in the opinion. The action was tried before Booth, J., who made findings and ordered judgment in favor of the intervener…

1Opinion of the CourtBunn, J.

Defendant Bennett owned lots 4 and 5 in Way’s plat of tbe Town-site of Be Beau, South Dakota, together with a hotel then situated on lot 4. June 15, 1908, be borrowed $1,000 of tbe intervener, Jennie 3VL Thompson, and gave her bis note for said sum payable in two years with six per cent interest. He and bis wife executed and delivered to tbe intervener a mortgage to secure tbe note covering lot 4, which mortgage was recorded June 16, 1908. A year later and on July 19, 1909, Bennett, for value received, executed and delivered a second $1,000 note to tbe intervener, payable in two years, with…

2Cases cited7 opinions

  1. The City of NorwichSupreme Court of the United States · 1886
  2. Farmers' Loan & Trust Co. v. Penn Plate Glass Co.Supreme Court of the United States · 1902
  3. Ames v. RichardsonSupreme Court of Minnesota · 1882
  4. Crookston State Bank v. LeeSupreme Court of Minnesota · 1913
  5. Ness v. DavidsonSupreme Court of Minnesota · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Harrington v. Agricultural Insurance Co.Supreme Court of Minnesota · 1930
  2. Allen v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1926
  3. Dodd v. San Joaquin Lumber Co.Court of Appeals for the Ninth Circuit · 1924
  4. Closuit v. MitbySupreme Court of Minnesota · 1953
  5. Engenmoen v. LutroeSupreme Court of Minnesota · 1922

7 more not listed; retrieve them via the Exa API.

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