Legal Opinion

Lund v. Wheaton Roller Mill Co.

Supreme Court of Minnesota

Decided May 23, 1892PublishedCited by 11 opinions

Appeal by plaintiffs Martin Lund and Frederick Neuman from a judgment of the District Court of Traverse county, G. L.- Brown, J., entered February 6, 1892, in favor of the Grant County Bank, inter-vener. Prior'to June 13, 1890, one James Howell owned forty shares of the capital stock of the Wheaton Roller Mill Co., and held certificates therefor.

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Appeal by plaintiffs Martin Lund and Frederick Neuman from a judgment of the District Court of Traverse county, G. L.- Brown, J., entered February 6, 1892, in favor of the Grant County Bank, inter-vener. Prior'to June 13, 1890, one James Howell owned forty shares of the capital stock of the Wheaton Roller Mill Co., and held certificates therefor. On that day he sold and assigned the stock to the Grant County Bank, and delivered to it the certificates; but the sale and transfer were never entered on the books of the Mill Co., but its secretary had notice of the sale. The plaintiffs on November…

1Opinion of the CourtDicKinson, J.

The defendant, the Wheaton Roller Mill Company, is a corporation created under 1878 G. S. ch. 34, title 2. In June, 1890, one Howell owned and held forty shares of the stock of the corporation, certificates for which had been issued to him. At that time he in good faith and for a valuable consideration sold and assigned such stock to the intervener, the Grant County Bank, but no entry of such transfer was make in the books of the mill company.

In November of the same year, in an action prosecuted by the plaintiffs against Howell, — who appeared on the books of the corporation as being still…

2Cases cited5 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Baldwin v. CanfieldSupreme Court of Minnesota · 1879
  3. Robinson v. . National Bank of New BerneNew York Court of Appeals · 1884
  4. Joslyn v. St. Paul Distilling Co.Supreme Court of Minnesota · 1890
  5. Thurber v. CrumpCourt of Appeals of Kentucky · 1887

3Cited by11 opinions

  1. Nat. Bank Etc. v. Western Pac. Ry. Co.California Supreme Court · 1910
  2. United States & Canada Land Co. v. SullivanSupreme Court of Minnesota · 1910
  3. Masury v. Arkansas Nat. BankCourt of Appeals for the Eighth Circuit · 1899
  4. Dennistoun v. DavisSupreme Court of Minnesota · 1930
  5. Bleakley v. . CandlerSupreme Court of North Carolina · 1915

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