Weiland v. Sunwall
Supreme Court of Minnesota
Action in the district court for Scott county by Theodore Weiland, as assignee of Frank Nicolin, insolvent, to determine the rights of all parties to wheat received in Ms elevator at Jordan by the insolvent before the assignment. Defendant Klinkhammer and certain other defendants and also defendants Sunwall and New RicMand Milling Company had previously instituted replevin actions for the wheat.
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Action in the district court for Scott county by Theodore Weiland, as assignee of Frank Nicolin, insolvent, to determine the rights of all parties to wheat received in Ms elevator at Jordan by the insolvent before the assignment. Defendant Klinkhammer and certain other defendants and also defendants Sunwall and New RicMand Milling Company had previously instituted replevin actions for the wheat. All the actions having been tried together, the court, Cadwell, J., found against all the defendants except New RicMand Milling Company, but found in its favor. From orders denying their motions for a…
1Opinion of the CourtMitchell, J.
In March, 1893, Nicolin, an insolvent debtor, executed to one Hilgus an assignment, under the insolvency law of 1881, of all his property, for the benefit of his creditors. Subsequently, the plaintiff was appointed receiver in his place. Nicolin owned and operated a grain elevator at Jordan, in which there were at the date of the assignment over 16,000 bushels of wheat. Shortly after the assignment, several parties brought actions against the assignee to recover various amounts of this wheat, claiming that it was their wheat, which they had stored with Nicolin as warehouseman. There were…
2Cited by3 opinions
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- Potter v. Mt. Vernon Roller Mill Co.Missouri Court of Appeals · 1903
- Weiland v. KrejnickSupreme Court of Minnesota · 1895