First National Bank v. Lincoln
Supreme Court of Minnesota
Action on the bond of E. B. Lincoln, plaintiff’s cashier, against principal and three sureties. Among other breaches assigned, the complaint alleged that on and prior to February 26, 1883, the firm of Lincoln Brothers, of which E. B. Lincoln was a member, was indebted to plaintiff in the sum of $5,150, which debt was then due and was partially secured by two insurance policies on the property of the firm, one payable to the plaintiff and the other to E. B. Lincoln as its…
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Action on the bond of E. B. Lincoln, plaintiff’s cashier, against principal and three sureties. Among other breaches assigned, the complaint alleged that on and prior to February 26, 1883, the firm of Lincoln Brothers, of which E. B. Lincoln was a member, was indebted to plaintiff in the sum of $5,150, which debt was then due and was partially secured by two insurance policies on the property of the firm, one payable to the plaintiff and the other to E. B. Lincoln as its cashier, as the interest of the plaintiff might appear. That the insured property was burned prior to February 23, 1883,…
1Opinion of the CourtGilfillan, C. J.
The principal question in this case is presented here, as it is evident it was presented to the court below, only as a matter of pleading. In its construction of the answer of the defendant How, the district court was right. The complaint alleged the misappropriation by E. B. Lincoln of $2,958.17 of insurance money due upon policies of insurance, upon property of Lincoln Bros, held as collateral security to their note to plaintiff for $5,000, and contained allegations intended to show the right of the plaintiff to receive the money. The answer of How put these allegations in issue by a denial…
2Cited by3 opinions
- Minneapolis Threshing Machine Co. v. PetersSupreme Court of Minnesota · 1910
- First National Bank of Glencoe v. LincolnSupreme Court of Minnesota · 1888
- First National Bank of Glencoe v. LincolnSupreme Court of Minnesota · 1888