Legal Opinion

Hinds v. Backus

Supreme Court of Minnesota

Decided January 2, 1891PublishedCited by 4 opinions

Plaintiffs brought this action in the district court for Hennepin county, against A. F. Howard, sheriff of Mille Lacs county, and a resident of that county, and Geo. J. Backus, a resident of Hennepin county, and assignee in insolvency of the firm of Frank W.V/oodcock and Jesse R. Nunn, partners as Woodcock & Nunn, to recover possession of 800 cords of mixed cord wood, piled at a place named in Mille Lacs county.

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Plaintiffs brought this action in the district court for Hennepin county, against A. F. Howard, sheriff of Mille Lacs county, and a resident of that county, and Geo. J. Backus, a resident of Hennepin county, and assignee in insolvency of the firm of Frank W.V/oodcock and Jesse R. Nunn, partners as Woodcock & Nunn, to recover possession of 800 cords of mixed cord wood, piled at a place named in Mille Lacs county. The wood was originally .the property of Woodcock & Nunn, and was held by the sheriff under attachment against that firm. Before answering, the defendant Howard moved that the place…

1Opinion of the CourtVanderburgh, J.

1. The defence in this action is predicated chiefly upon the legal proposition, the correctness of which will not be seriously questioned, that one partner has no right to apply the partnership property in payment of his individual debt, without the consent, express or implied, of his copartner. Viles v. Bangs, 36 Wis. 131; Story, Partn. § 133.

2. The evidence tends to show that the contract under which plaintiffs claim to have acquired title to the wood in controversy was executed in the firm name of Woodcock & Nunn, by J. B. Nunn, one of the partners, and that, by the terms thereof, the wood…

2Cases cited3 opinions

  1. Viles v. BangsWisconsin Supreme Court · 1874
  2. Leonard v. MaginnisSupreme Court of Minnesota · 1886
  3. Carpenter v. ComfortSupreme Court of Minnesota · 1876

3Cited by4 opinions

  1. Ebenezer Society v. Minnesota State Board of HealthSupreme Court of Minnesota · 1974
  2. Schoch v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1893
  3. Taylor v. Grand Lodge A. O. U. W.Supreme Court of Minnesota · 1906
  4. Mastley v. MoeSupreme Court of Minnesota · 1935

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