Farwell v. St. Paul Trust Co.
Supreme Court of Minnesota
Plaintiffs presented a claim of $44,374.02, with interest, against E. Allen & Co., insolvents, to the defendant, which was receiver of the insolvent firm, which claim was wholly disallowed by it. Plaintiffs thereupon appealed to the district court for Eamsey county, where the'action was tried before Kelly, J., who ordered judgment allowing the claim to the amount of $31,444.49. Plaintiffs appeal from the judgment.
1Opinion of the CourtCollins, J.
In the consideration of this case it will be assumed without discussion, and without deciding the point, that Ettelsohn, who attempted to become a special partner in the firm of E. Allen & Co., (see In re Allen, 41 Minn. 430, 43 N. W. Rep. 382,) possessed either the power and authority of a general partner or that of an agent when transacting the business with appellants out of which arise their claims against respondent as receiver in insolvency. This assumption brings us at once to a brief statement of the facts surrounding the transaction, and to the merits.
Allen and Levinson were general…
2Cases cited17 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Dale v. GearSupreme Court of Connecticut · 1871
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- Charles v. DenisWisconsin Supreme Court · 1877
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3Cited by16 opinions
- Cady v. South Omaha National BankNebraska Supreme Court · 1896
- Germania Bank of Minneapolis v. OsborneSupreme Court of Minnesota · 1900
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- First National Bank v. McConnellSupreme Court of Minnesota · 1908
- Peterson v. RussellSupreme Court of Minnesota · 1895
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