Longfield v. Minnesota Savings Bank
Supreme Court of Minnesota
In an action by plaintiff in the district court for Ramsey county under chapter 76, G. S. 1894, to enforce the statutory liability of the stockholders of Minnesota Savings Bank, judgment for $1,000 was entered against defendant Harry T. Smith in favor of Charles H. Taylor, as receiver of the bank.
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In an action by plaintiff in the district court for Ramsey county under chapter 76, G. S. 1894, to enforce the statutory liability of the stockholders of Minnesota Savings Bank, judgment for $1,000 was entered against defendant Harry T. Smith in favor of Charles H. Taylor, as receiver of the bank. Thereafter defendant Smith filed a voluntary petition in bankruptcy and a schedule of his debts, naming as his creditors plaintiff Rongfield and the other creditors of the Savings Bank, for whose benefit the judgment was given, but not naming Taylor, the receiver. Defendant received his discharge in…
1Opinion of the CourtStart, C. J.
Appeal from an order of the district court of the county of Ramsey ■denying the petition of the appellant to restrain an attempt to enforce a judgment against him on the ground that it has been discharged by his release in bankruptcy.
Whether the order was right or wrong depends on the question whether in the bankruptcy proceedings the judgment was properly scheduled with the name of the judgment creditor. The undisputed facts are these: The appellant, Harry T. Smith, was the owner of •twenty shares of the capital stock of the Minnesota Savings Bank, an insolvent corporation, of the par valne…
2Cases cited1 opinion
- Fider v. MannheimSupreme Court of Minnesota · 1899
3Cited by2 opinions
- Brown v. O'KEEFESupreme Court of the United States · 1937
- Smith v. JensenNorth Dakota Supreme Court · 1907