Legal Opinion

Walther v. Seven Corners Bank

Supreme Court of Minnesota

Decided August 16, 1894No. 8777PublishedCited by 3 opinions

Appeal by plaintiff, Otto Waltlier, from an order of the District Court of Ramsey County, Wm. Louis Kelly, J., made March 2, 1894, denying his motion for the appointment of a receiver of the property and assets of the Seven Corners Bank. On August 1, 1893, the Seven Corners Bank of St. Paul being insolvent made an assignment under Laws. 1881, ch. 148, as amended, of all its property to W. P. Westfall in trust for its creditors.

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Appeal by plaintiff, Otto Waltlier, from an order of the District Court of Ramsey County, Wm. Louis Kelly, J., made March 2, 1894, denying his motion for the appointment of a receiver of the property and assets of the Seven Corners Bank. On August 1, 1893, the Seven Corners Bank of St. Paul being insolvent made an assignment under Laws. 1881, ch. 148, as amended, of all its property to W. P. Westfall in trust for its creditors. He accepted the trust and took possession of its assets. The plaintiff herein recovered a judgment upon contract November 7, 1893, in the District Court of Ramsey…

1Opinion of the CourtCollins, J.

August 1,1893, the defendant bank, incorporated under the laws of this state, made an assignment under the insolvency laws to one Westfall, who thereupon qualified as required by statute, entered upon, and has ever since been engaged in administering, the trust contained in the deed of assignment. The plaintiff thereafter obtained a judgment against the bank, caused execution to be issued, which was returned unsatisfied, and then brought this action under the provisions of 1878 G-. S. ch. 76, for the purpose of sequestrating the property of the insolvent, and enforcing the constitutional…

2Cases cited2 opinions

  1. Olson v. CookSupreme Court of Minnesota · 1894
  2. State v. Bank of New EnglandSupreme Court of Minnesota · 1893

3Cited by3 opinions

  1. International Trust Co. v. American Loan & Trust Co.Supreme Court of Minnesota · 1895
  2. Klee v. E. H. Steele Co.Supreme Court of Minnesota · 1895
  3. Minneapolis Paper Co. v. Swinburne Printing Co.Supreme Court of Minnesota · 1896

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