Knox v. Randall
Supreme Court of Minnesota
On September 10, 1857, one William H. Randall, being indebted to various banking houses in the city of St. Paul, and among them to the firm of John J. Knox & Go., of which the plaintiff was a member, executed promissory notes for the several amounts due his creditors respectively, all which notes were made payable to the order of one Joseph M. Marshall, and were by him indorsed without recourse, and delivered to the respective creditors.
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On September 10, 1857, one William H. Randall, being indebted to various banking houses in the city of St. Paul, and among them to the firm of John J. Knox & Go., of which the plaintiff was a member, executed promissory notes for the several amounts due his creditors respectively, all which notes were made payable to the order of one Joseph M. Marshall, and were by him indorsed without recourse, and delivered to the respective creditors. At the same time Randall, to secure these notes, executed to Marshall a mortgage upon a large amount of real estate in St. Paul, and Marshall by an…
1Opinion of the CourtBerry, J.
On September 10, 1857, William H. Bandall, being indebted to certain bankers of St. Paul in the sum of $176,288.80, executed notes for the amounts owing to each respectively, and a mortgage upon real estate to secure the same. The notes and mortgage were made to run to Joseph M. Marshall, who at the same time transferred the notes to the creditors, so as to give to each respectively notes for the amounts owing to him. Marshall at the same time executed and recorded a declaration of trust to the effect that he held the mortgage in trust for such creditors in proportion to their respective…
2Cases cited5 opinions
- Berthold v. FoxSupreme Court of Minnesota · 1874
- Combs v. CooperSupreme Court of Minnesota · 1861
- Barker v. KeithSupreme Court of Minnesota · 1865
- Merriam v. BakerSupreme Court of Minnesota · 1864
- Babcock v. BanningSupreme Court of Minnesota · 1859
3Cited by9 opinions
- Hensen v. PeterWashington Supreme Court · 1917
- Wilkinson v. TildenU.S. Circuit Court for the District of Southern New York · 1883
- Britannia Mining Co. v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1911
- Schoregge v. GordonSupreme Court of Minnesota · 1882
- Speidell v. HenriciDistrict Court, W.D. Pennsylvania · 1883
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