Cooper, Myers & Co. v. Smith
Supreme Court of Minnesota
Action in the district court' for St. -Louis county against Walter J. Smith, and the sureties on his official bond, to recover $18,509. The United States Fidelity & Guaranty Company and Globe Indemnity Company demurred to the complaint, and the court, Cant, J., overruled the demurrers and certified that the question presented by each of the demurrers was important and doubtful. From the order overruling the demurrers, the defendants demurring appealed.
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Action in the district court' for St. -Louis county against Walter J. Smith, and the sureties on his official bond, to recover $18,509. The United States Fidelity & Guaranty Company and Globe Indemnity Company demurred to the complaint, and the court, Cant, J., overruled the demurrers and certified that the question presented by each of the demurrers was important and doubtful. From the order overruling the demurrers, the defendants demurring appealed. The complaint failed to state a.cause of action because: (1) Immediately the state was paid, the claim was extinguished and there was nothing…
1Per curiam
This action is brought by Cooper, Myers & Company, a corporation, against Walter J. Smith, former state treasurer,, and the sureties on his official bond. The sureties demurred to the complaint and appeal from the order overruling their demurrer.
1. On May 29, 1915, the defendant, Smith, then state treasurer, caused to be abstracted from the office of. the state auditor a warrant for $18,000, drawn by the state auditor on the state treasurer in favor of a school district in Aitkin county for a loan, but not delivered, and caused the indorsement of the treasurer of the school district to be…
2Cases cited9 opinions
- National Surety Co. v. State Savings BankCourt of Appeals for the Eighth Circuit · 1907
- American Bonding Co. v. State Savings BankMontana Supreme Court · 1913
- Evens v. AndersonSupreme Court of Minnesota · 1916
- Stewart v. CommonwealthCourt of Appeals of Kentucky · 1898
- National Surety Co. v. ArosinCourt of Appeals for the Eighth Circuit · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- State ex rel. Dybdal v. State Securities CommissionSupreme Court of Minnesota · 1920
- Northern Trust Co. v. Consolidated Elevator Co.Supreme Court of Minnesota · 1919
- Anderson v. City of St. PaulSupreme Court of Minnesota · 1948
- Gibson Products Co. v. MurphySupreme Court of Oklahoma · 1940
- State Ex Rel. Cleveringa v. KleinNorth Dakota Supreme Court · 1933
34 more not listed; retrieve them via the Exa API.