Evans v. Johnson
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Minnesota. Appeal by the trustee in bankruptcy of the Hansen Mercantile Company from an order allowing the claim of Johnson. In February, 1901, Johnson sold to Hansen his interest in a mercantile business previously owned in partnership, and in part payment took Hansen’s personal notes for $9,000. Hansen continued the business in his own name for nearly two years.
Read the full summary
Appeal from the District Court of the United States for the District of Minnesota. Appeal by the trustee in bankruptcy of the Hansen Mercantile Company from an order allowing the claim of Johnson. In February, 1901, Johnson sold to Hansen his interest in a mercantile business previously owned in partnership, and in part payment took Hansen’s personal notes for $9,000. Hansen continued the business in his own name for nearly two years. He removed the goods to another town and reduced the principal of the notes to $7,500. In January, 1903, he caused the mercantile company to be incorporated…
1Opinion of the CourtHook, Circuit Judge
The bankrupt corporation had no power under its charter to guarantee the obligations of others. Therefore to sustain his claim Johnson invokes the Minnesota doctrine of estoppel in connection with a contention that the company received a consideration for the guaranty of the notes. Wilis v. Sanitation Co., 53 Minn. 370, 55 N. W. 550; Kraniger v. Building Society, 60 Minn. 94, 61 N. W. 904; Rosemond v. Autograph Register Co., 62 Minn. 374, 64 N. W. 925; Africa v. News Tribune Co., 82 Minn. 283, 84 N. W. 1019, 83 Am. St. Rep. 421, Hunt v. Malting Co., 90 Minn. 282, 96 N. W. 85.
But the decisions…
2Cases cited6 opinions
- Kraniger v. People's Building SocietySupreme Court of Minnesota · 1895
- National Bank of Commerce in Denver v. AllenCourt of Appeals for the Eighth Circuit · 1898
- Hunt v. Hauser Malting Co.Supreme Court of Minnesota · 1903
- Africa v. Duluth News Tribune Co.Supreme Court of Minnesota · 1901
- Willis v. St. Paul Sanitation Co.Supreme Court of Minnesota · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jenson v. Toltec Ranch Co.Court of Appeals for the Eighth Circuit · 1909
- Hummel v. Warren Steel Casting Co.Court of Appeals for the Eighth Circuit · 1925