Cole v. Aune
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Otter Tail county, Baxter, J., presiding, vacating an attachment. The affidavits showed that by written agreement the defendant was to serve plaintiff as clerk in his store for a certain time at a salary of $60 per month and one-half the net profits of the business; but defendant’s share of the profits was not to be payable until the profits should be ascertained by an accounting, which was never had.
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Appeal by plaintiff from an order of the district court for Otter Tail county, Baxter, J., presiding, vacating an attachment. The affidavits showed that by written agreement the defendant was to serve plaintiff as clerk in his store for a certain time at a salary of $60 per month and one-half the net profits of the business; but defendant’s share of the profits was not to be payable until the profits should be ascertained by an accounting, which was never had. The business was to be carried on by tbe parties under tbe name of Cole & Aune, but defendant was not to be in fact a partner, but…
1Opinion of the CourtVanderburgh, J.
The affidavit for the attachment shows the existence of a fiduciary relation between the parties. The agency of the defendant, the extent of his powers and compensation, were-, clearly defined in the written contract set forth in the affidavit. It also appears that the defendant has wrongfully appropriated to his. own use, without plaintiff’s consent, and contrary to the terms of the contract, a large amount of money belonging to his principal, in excess of the amount due him for his compensation. The affidavit shows a fraudulent conversion of the money sued for, and the plaintiff, therefore,…
2Cases cited3 opinions
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
- Carver v. Braintree Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1843
- Armstrong v. CowlesSupreme Court of Connecticut · 1876
3Cited by4 opinions
- Hastings v. RathboneSupreme Court of Iowa · 1922
- In re Western Implement Co.District Court, D. Minnesota · 1909
- Baxter v. NashSupreme Court of Minnesota · 1897
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1903