Faricy v. St. Paul Investment & Savings Society
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $104,000 upon certain bonds issued and sold by defendant society to the Building & Loan Association of Dakota, and alleged to have been sold to plaintiff. The defenses set up by defendant society are stated in the opinion. C. F. Easton, as receiver of the Dakota Building & Loan Association, served a complaint in intervention, the substance of which is given in the opinion.
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Action in the district court for Ramsey county to recover $104,000 upon certain bonds issued and sold by defendant society to the Building & Loan Association of Dakota, and alleged to have been sold to plaintiff. The defenses set up by defendant society are stated in the opinion. C. F. Easton, as receiver of the Dakota Building & Loan Association, served a complaint in intervention, the substance of which is given in the opinion. Plaintiff answered the complaint in intervention and defendant demurred to it on the grounds (1) the facts stated did not constitute a cause of intervention, and (2)…
1Opinion of the CourtJaggard, J.
Plaintiff and respondent brought an action against defendant and appellant, demanding money judgment for one hundred four $1,000 bonds, with interest. , Defendant’s answer set forth: The statute of limitations barred the action; the bonds were void for usury; plaintiff and other persons having no interest in the bonds agreed with each other to secure an arrangement with the true owner of the bonds whereby the stockholders’ liability for said bonds should be enforced for á share of the proceeds; plaintiff had no interest in the bonds, and was not the real party in interest; and other defenses…
2Cases cited61 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Smith v. GaleSupreme Court of the United States · 1892
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Steenerson v. Great Northern Railway Co.Supreme Court of Minnesota · 1897
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
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3Cited by27 opinions
- Check v. KaplanMassachusetts Supreme Judicial Court · 1932
- Schweich v. Ziegler, Inc.Supreme Court of Minnesota · 1990
- State Ex Rel. Lebeck v. ChavezNew Mexico Supreme Court · 1941
- Nationwide Corp. v. Northwestern National Life InsuranceSupreme Court of Minnesota · 1958
- State Ex Rel. Boldt v. St. Cloud Milk Producers' Assn.Supreme Court of Minnesota · 1937
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