Legal Opinion

Dean v. St. Paul & Duluth Railroad

Supreme Court of Minnesota

Decided June 16, 1883PublishedCited by 5 opinions

Appeal by defendant, St. Paul and Duluth Eailroad Company, from a judgment of the District Court of Pine County, F. M. Crosby, J., entered December 3, 1892, against it for $27.98. One O. E. Peterson was at work for defendant as brakeman during March, 1892, for which it owed him $50.53. He owed the plaintiff, Michael C. Dean, five dollars for board, and gave him an order upon the Eailroad Company for that amount.

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Appeal by defendant, St. Paul and Duluth Eailroad Company, from a judgment of the District Court of Pine County, F. M. Crosby, J., entered December 3, 1892, against it for $27.98. One O. E. Peterson was at work for defendant as brakeman during March, 1892, for which it owed him $50.53. He owed the plaintiff, Michael C. Dean, five dollars for board, and gave him an order upon the Eailroad Company for that amount. The Company returned the order to plaintiff, saying it declined to collect claims against its employes. On April 15, 1892, Dean commenced this action against the Eailroad Company…

1Opinion of the CourtVanderburgh, J.

One Peterson, who was in the employment of the defendant, was entitled to $50, the amount of his wages for March, 1892. On the 1st day of that month he gave an order to pláintiff, upon the defendant, directing the payment to him of $5, and to deduct the same from the amount of his wages for March. This order, after due presentation, the' defendant refused to recognize or pay.

It was determined in Canty v. Latterner, 31 Minn. 242, (17 N. W. Rep. 385,) in accordance with the weight of authority, that an assignment of a part interest in a demand or obligation may be *507made, and that the courts will…

2Cases cited6 opinions

  1. Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
  2. Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
  3. Minneapolis Mill Co. v. WheelerSupreme Court of Minnesota · 1883
  4. Canty v. LatternerSupreme Court of Minnesota · 1883
  5. National Exchange Bank v. McLoonSupreme Judicial Court of Maine · 1882

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3Cited by5 opinions

  1. Brown-Wilbert, Inc. v. Copeland Buhl & Co.Supreme Court of Minnesota · 2007
  2. National Union Fire Insurance v. Denver & R. G. R. Co.Utah Supreme Court · 1913
  3. Schilling v. MullenSupreme Court of Minnesota · 1893
  4. Cross v. Page & Hill Co.Supreme Court of Minnesota · 1911
  5. Brown-Wilbert, Inc. v. Copeland Buhl & Co.Supreme Court of Minnesota · 2007

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