Conkey v. Dike
Supreme Court of Minnesota
One John W. Griggs, plaintiff, and defendant, were partners in the business of manufacturing flour. Griggs kept the accounts of the firm. Griggs and the defendant were also engaged in the banking business and Griggs had personal charge of the bank. In this bank the surplus funds of the manufacturing company were deposited. One Ira Spear held a mortgage on certain real estate belonging to the plaintiff.
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One John W. Griggs, plaintiff, and defendant, were partners in the business of manufacturing flour. Griggs kept the accounts of the firm. Griggs and the defendant were also engaged in the banking business and Griggs had personal charge of the bank. In this bank the surplus funds of the manufacturing company were deposited. One Ira Spear held a mortgage on certain real estate belonging to the plaintiff. The plaintiff, as he alleges, requested Griggs to pay this mortgage ; procure a discharge thereof, and charge the amount so paid to him on the books of the firm. Griggs, with defendant’s…
1Opinion of the Court
*459 By the Court
Ripley, Oh. J.
The allegations of the complaint in this case, that the partnership books were kept by Griggs, and that since the dissolution of the firm in 1868, they have been under the entire control of the defendant; that on the 23d August, 1867, plaintiff requested said Griggs, who had personal charge of the bank in which the surplus funds of the firm were kept, to pay the mortgage in question to Spear, and procure a discharge thereof, and charge the amount thereof so paid by him to plaintiff on the books of the firm; that said Griggs with defendant’s knowledge assented to…
2Cases cited12 opinions
- Grimstone v. CarterNew York Court of Chancery · 1831
- Benson v. MayorNew York Supreme Court · 1850
- Weller v. City of St. PaulSupreme Court of Minnesota · 1860
- Steele v. TaylorSupreme Court of Minnesota · 1856
- Bruce v. President of the Delaware & Hudson Canal Co.New York Supreme Court · 1853
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Barton v. DrakeSupreme Court of Minnesota · 1875
- Bailey v. GalpinSupreme Court of Minnesota · 1889
- Sewall v. City of St. PaulSupreme Court of Minnesota · 1874
- Hamilton v. WoodSupreme Court of Minnesota · 1893
- Minnesota Linseed Oil Co. v. PalmerSupreme Court of Minnesota · 1874
3 more not listed; retrieve them via the Exa API.