Stub v. Hein
Supreme Court of Minnesota
Action in the district court for Bamsey county to recover $12,875. The Eirst National Bank of St. Paul was garnished and disclosed that it had in its possession at the time of the service of the garnishee summons certain notes and mortgages forwarded to it by the Eirst National Bank of Conrad, Montana. The motion of the garnishee for an order discharging it was granted, Kelly, J. From the order discharging the garnishee, plaintiff appealed.
1Opinion of the CourtSchaller, J.
From the garnishee’s disclosure it appeared that at the time of the 'service of the garnishee process it was in possession of certain notes and mortgages payable to Warren W. Hurd and William E. Simpson, and indorsed and assigned in blank, which it had received *189from the First National Bank of Conrad, with instructions to deliver to one S. D. Gundelson, or his order, upon payment of principal and interest, the proceeds to be credited to the account of the Conrad bank. Further than this the garnishee disclaimed all knowledge of the ownership of these securities, the only other material fact of…
2Cases cited4 opinions
- Leighton v. HeagertySupreme Court of Minnesota · 1874
- Pitzl v. WinterSupreme Court of Minnesota · 1905
- Vanderhoof v. HollowaySupreme Court of Minnesota · 1889
- McLean v. SwortsSupreme Court of Minnesota · 1897
3Cited by2 opinions
- Culver v. JohnsonSupreme Court of Minnesota · 1915
- First State Bank of New York Mills v. WestSupreme Court of Minnesota · 1932