Macklanburg v. Griffith
Supreme Court of Minnesota
Action, in the district court for Brown county for an accounting, for the payment of moneys found to be due upon such accounting and for a termination of the trust set up in the complaint. The facts axe stated in the opinion. The answer put in issue the allegations of the complaint and set up laches of plaintiffs as a defense. The reply was a general denial.
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Action, in the district court for Brown county for an accounting, for the payment of moneys found to be due upon such accounting and for a termination of the trust set up in the complaint. The facts axe stated in the opinion. The answer put in issue the allegations of the complaint and set up laches of plaintiffs as a defense. The reply was a general denial. The case was tried before Olsen, J., who found that defendants, after receiving the quitclaim deed mentioned in the opinion, held the title in trust for the plaintiffs, and as conclusion of law ordered judgment in their favor for…
1Opinion of the CourtBunn, J.
Plaintiffs are husband and wife, and in 1903 and prior thereto resided at Echo, Minnesota, where plaintiff R. L. Macklanburg was engaged in the hardware business, owning a store building, a stock of goods, and certain lots in the village. Defendants were bankers at Sleepy Eye and at Echo. Macklanburg was in 1902 indebted to defendants for money borrowed in the sum of $2,467.20, and on *133July 7, 1902, gave defendants his note for that sum due in ninety days, with ten per cent, interest. This note was never paid.
On January 26, 1903, Macklanburg made a contract with W. H. Gary, whereby he agreed…
2Cited by2 opinions
- Lofgren v. GreavesSupreme Court of Minnesota · 1926
- Jennison v. PriemSupreme Court of Minnesota · 1938