Legal Opinion

Church v. St. Paul Title Insurance & Trust Co.

Supreme Court of Minnesota

Decided August 16, 1894No. 8799Published

Appeal by defendant, the St. Paul Title Insurance and Trust Company, from a judgment of the Municipal Court of the City of St. Paul, John Twohy, Jr., J.,< entered February 9,1894, against it for $127.58. The Church Paint and Manufacturing Company, a corporation, being insolvent made an assignment November 16, 1893, of all its property to defendant under Laws 1881, ch. 148, in trust to pay its debts.

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Appeal by defendant, the St. Paul Title Insurance and Trust Company, from a judgment of the Municipal Court of the City of St. Paul, John Twohy, Jr., J.,< entered February 9,1894, against it for $127.58. The Church Paint and Manufacturing Company, a corporation, being insolvent made an assignment November 16, 1893, of all its property to defendant under Laws 1881, ch. 148, in trust to pay its debts. The defendant accepted the trust and as assignee employed the plaintiff, William Church that day as general manager of the plant and estate so assigned. He continued in charge until December 80,…

1Opinion of the CourtCollins, J.

The appellant’s contention here is that the District Court, having jurisdiction of the proceedings in insolvency, is the only tribunal in which the controversy between those parties can be litigated and determined. The statute (Laws 1893, ch. 54) would seem to be broad enough to confer upon any court in the state, having jurisdiction of the amount involved, authority to try and determine cases of this character. But, in any event, the question was really-disposed of in Irwin v. McKechnie, ante, p. 145, (59 N. W. 987.)

Judgment affirmed.

Buck, J., absent; did not sit.

(Opinion published 59 N. W.…

2Cases cited2 opinions

  1. Irwin v. McKechnieSupreme Court of Minnesota · 1894
  2. Hutchinson v. HerrickSupreme Court of Minnesota · 1894

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