Hersey v. Bennett
Supreme Court of Minnesota
Appeal by plaintiffs from a judgment rendered by the district court for Nobles county, Dickinson, J., presiding. The property was held by Lillie L. Bennett, as trustee for the plaintiffs, and it was security for their debts. In case of a running account, the law will apply the payments so as to secure the whole debt. Lash v. Edgerton, 13 Minn. 210; 2 Daniel on Negotiable Instruments, 269; Schuelenberg v. Martin, 2 Fed.
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Appeal by plaintiffs from a judgment rendered by the district court for Nobles county, Dickinson, J., presiding. The property was held by Lillie L. Bennett, as trustee for the plaintiffs, and it was security for their debts. In case of a running account, the law will apply the payments so as to secure the whole debt. Lash v. Edgerton, 13 Minn. 210; 2 Daniel on Negotiable Instruments, 269; Schuelenberg v. Martin, 2 Fed. Rep. 747; Munger on Application of Payments, 49-50, 54-55; Gaston v. Barney, 11 Ohio St. 506.
1Opinion of the CourtMitchell, J.
The plaintiffs are judgment creditors of the defendant W. B. Bennett. ,As such, they bring this action to reach, for the purpose of satisfying their judgment, lots 11 and 12, in block 6, in the village of Worthington, the legal title to which is in the defendant Lillie L. Bennett, wife of her co-defendant, and to have a trust declared in their favor in this property to the amount necessary to satisfy their judgment, pursuant to the provisions of Gen. St. 1878, c. 43, §§ 7, 8, which are as follows: “Section 7. When a grant for a valuable consideration is made to one person, and the…
2Cases cited13 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Field v. HollandSupreme Court of the United States · 1810
- Truscott v. . KingNew York Court of Appeals · 1852
- Crompton v. PrattMassachusetts Supreme Judicial Court · 1870
- Bobe's Heirs v. StickneySupreme Court of Alabama · 1860
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3Cited by20 opinions
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- Merchants Insurance v. HerberSupreme Court of Minnesota · 1897
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