Dickson v. City of St. Paul
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $10,767.-80, the contract price for the construction of five public sewers by William J. Preston. The complaint set up five causes of action, each based upon an assignment to plaintiff of all sums due or to grow due under the terms of the contracts entered into between the contractor Preston and the defendant city.
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Action in the district court for Ramsey county to recover $10,767.-80, the contract price for the construction of five public sewers by William J. Preston. The complaint set up five causes of action, each based upon an assignment to plaintiff of all sums due or to grow due under the terms of the contracts entered into between the contractor Preston and the defendant city. These contracts were executed between October, 1902, and June, 1903, and were substantially the same in form. On August 5, 1903, Preston was adjudged a bankrupt and abandoned the work. The sureties on his bonds, who were…
1Opinion of the CourtBrown, J.
This cause was before the court on a former appeal, where the material facts are stated. 97 Minn. 258, 106 N. W. 1053. It was there held that the assignments upon which plaintiff seeks to recover were legal and valid, and not in violation of the charter of the city of St, *167Paul, and the cause was remanded for a retrial of the questions (1) whether the assignments were intended by the parties as sales and transfers absolute of moneys due and to become due to Preston, plaintiff’s assignor, or (3) whether they were made and executed for the purpose of securing the loan of money from plaintiff to…
2Cases cited13 opinions
- Reger v. O'NealWest Virginia Supreme Court · 1889
- Balfour v. DavisOregon Supreme Court · 1886
- Jewell v. WeedSupreme Court of Minnesota · 1872
- Struthers v. DrexelSupreme Court of the United States · 1887
- Tupper v. ThompsonSupreme Court of Minnesota · 1880
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3Cited by2 opinions
- Leonard v. FarringtonSupreme Court of Minnesota · 1913
- Healy v. BreenSupreme Court of Minnesota · 1926