Legal Opinion

Alger v. Minnesota Loan & Trust Co.

Supreme Court of Minnesota

Decided October 13, 1916No. Nos. 19,909—(60)PublishedCited by 19 opinions

In the matter of the estate of Laura D. Sims, deceased, Dr. E. W. Alger filed in the probate court for Hennepin county a claim for professional services for $186. The executor admitted the claim to the extent of $35 only, claiming in behalf of the estate as offsets a balance of $30.41 due upon a note of claimant held by it and the sum of $500 due from him on account of a written agreement in which he acknowledged receipt from deceased of $1,000 and promised to pay her ten…

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In the matter of the estate of Laura D. Sims, deceased, Dr. E. W. Alger filed in the probate court for Hennepin county a claim for professional services for $186. The executor admitted the claim to the extent of $35 only, claiming in behalf of the estate as offsets a balance of $30.41 due upon a note of claimant held by it and the sum of $500 due from him on account of a written agreement in which he acknowledged receipt from deceased of $1,000 and promised to pay her ten per cent per annum on that amount for five years. From the judgment of the probate court against claimant for the sum of…

1Opinion of the Court

On October 13, 1916, the following opinion was filed:

2Per curiam

Appellant filed a claim in probate court. The probate court gave judgment against him on a counterclaim. He appealed to the district court. The district court disposed of the ease in the following language:

“It is ordered and adjudged that the judgment of the Probate Court for Three Hundred Sixty-nine and Forty-one Hundredths Dollars ($369.41) against E. W. Alger, and in favor of said Executor, dated July 31, 1915, be and the same hereby is affirmed, with Ten Dollars ($10.00) costs to the Respondent.”

On March 28, 1916, appellant appealed to…

3Cases cited3 opinions

  1. Levi v. LonginiSupreme Court of Minnesota · 1901
  2. Highland v. DresserSupreme Court of Minnesota · 1886
  3. Beeson v. DaySupreme Court of Minnesota · 1899

4Cited by19 opinions

  1. Ex Parte Majestic Coal Co.Supreme Court of Alabama · 1922
  2. Zeier v. Boise Transfer Co.Idaho Supreme Court · 1927
  3. Hansen v. Northwestern Fuel Co.Supreme Court of Minnesota · 1919
  4. In re RaynesIndiana Court of Appeals · 1917
  5. Kennedy v. Thompson Lumber Co.Supreme Court of Minnesota · 1947

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