St. Paul & M. Trust Co. v. Leck
Supreme Court of Minnesota
Appeal by defendants, James Leck and Angus McLeod, from an order of the District Court of Hennepin County, Robert D. Russell, J., made August 81,1898, sustaining a demurrer to their answer. On February 9, 1893, one George McLeod deposited with the Farmers and Merchants State Bank of Minneapolis $530 and took therefor its certificate in and by which the bank agreed to repay the money to his order twelve months thereafter with sis percent interest.
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Appeal by defendants, James Leck and Angus McLeod, from an order of the District Court of Hennepin County, Robert D. Russell, J., made August 81,1898, sustaining a demurrer to their answer. On February 9, 1893, one George McLeod deposited with the Farmers and Merchants State Bank of Minneapolis $530 and took therefor its certificate in and by which the bank agreed to repay the money to his order twelve months thereafter with sis percent interest. Prior to April 1, 1893, George McLeod sold and indorsed this certificate to the defendant Angus McLeod. On April 29, 1893, Angus McLeod made his…
1Opinion of the CourtCollins, J.
An examination of the adjudicated cases on the question now before us will disclose that the positions assumed by the counsel for the respective parties to this controversy are well supported by the authorities, and that any attempt to reconcile the squarely-conflicting views found in the many opinions would prove futile. Evidently it has been regarded as an open question in this state, although the principle involved has received some attention in Balch v. Wilson, 25 Minn. 299; Tripp v. Northwestern Nat. Bank, 45 Minn. 383, (48 N. W. 4;) and recently in Laybourn v. Seymour, 53 Minn. 105, (54…
2Cases cited11 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Carr v. HamiltonSupreme Court of the United States · 1889
- Schuler v. IsraelSupreme Court of the United States · 1887
- Fera v. . WickhamNew York Court of Appeals · 1892
- Nashville Trust Co. v. BankTennessee Supreme Court · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Thomas v. Exchange BankSupreme Court of Iowa · 1896
- Fidelity & Deposit Co. of Maryland v. DukeCourt of Appeals for the Ninth Circuit · 1923
- Wunderlich v. Merchants National BankSupreme Court of Minnesota · 1910
- Steelman v. AtchleySupreme Court of Arkansas · 1911
- Becker v. SeymourSupreme Court of Minnesota · 1898
17 more not listed; retrieve them via the Exa API.