Security State Bank v. Brecht
Supreme Court of Minnesota
Action in the district court for Waseca county to recover $1,500 on a promissory note. The history of the litigation is narrated in the second paragraph of the opinion.
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Action in the district court for Waseca county to recover $1,500 on a promissory note. The history of the litigation is narrated in the second paragraph of the opinion. The alternative motion of the Farmers State- Bank of Pemberton to vacate the order making it a party and to dismiss the action as to it, or to discharge the garnishee, was denied, and its alternative motion to change the venue to Blue Earth county was granted, Childress, J. From that part of the order denying its motions, the bank appealed, while plaintiff obtained from this court an alternative writ of mandamus to review the…
1Opinion of the Court
Lees, C.
In this action, brought in the district court of Waseca county, a garnishee summons was issued and the garnishee made disclosure in substance as follows:
In June, 1919, the defendant Peter Brecht made a sale of the garnishee’s farm to one Kent and was to receive a commission for his services. The garnishee gave Kent a contract for a deed and received a payment of $1,000. The contract called for an additional payment of $5,000 on March 1, 1920. Brecht’s commission was $1,400. Asked when the commission was payable, the garnishee answered: “After receiving my second payment of $5,000,…
2Cases cited17 opinions
- State ex rel. Norris v. District Court First Judicial DistrictSupreme Court of Minnesota · 1893
- Barrie v. Northern Assurance Co.Supreme Court of Minnesota · 1906
- Bacon v. FelthousSupreme Court of Minnesota · 1908
- North Star Boot & Shoe Co. v. LaddSupreme Court of Minnesota · 1884
- Sundberg v. GoarSupreme Court of Minnesota · 1904
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Chapman v. DorseySupreme Court of Minnesota · 1950
- Chapman v. DorseySupreme Court of Minnesota · 1950
- Carlson v. StaffordSupreme Court of Minnesota · 1926
- United States Roofing & Paint Co. v. MelinSupreme Court of Minnesota · 1924
- National Exchange Bank of St. Paul v. SolbergSupreme Court of Minnesota · 1928
10 more not listed; retrieve them via the Exa API.