Balcombe v. Northup
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP BLUE EARTH COUNTY. Points and authorities of counsel for Appellant-. I. Mr. B. in this cause sues merely for the use and benefit of the Indians as trustee of an express trust. Comp. Sts., 535, (29). II. The title of the complaint is defective in not showing the characters of the Plaintiff, but as such representative character is fully shown in the body of the complaint it is enough — moreover, all such irregularity is waived by answering.
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APPEAL PROM THE DISTRICT COURT OP BLUE EARTH COUNTY. Points and authorities of counsel for Appellant-. I. Mr. B. in this cause sues merely for the use and benefit of the Indians as trustee of an express trust. Comp. Sts., 535, (29). II. The title of the complaint is defective in not showing the characters of the Plaintiff, but as such representative character is fully shown in the body of the complaint it is enough — moreover, all such irregularity is waived by answering. Comp. Sts., p. 540, (64, 65, 68, 69,) Id., p. 544, (96) ; Van Sant. Pl.,p. 202 chap. 4, sec. 1, dee. III. Mr. B. does not…
1Opinion of the Court
By the Court
McMillan, J.
This action is brought by the Plaintiff to recover upon two promissory notes. The notes differ only as to amounts and dates of payment. The following is a copy of one of the notes as set out in the paper books furnished to the Court:
“ For value received we or either of us promise to pay to I. E. Fletcher, United States Indian Agent, his successors in office, or order, for the use of the Winnebago tribe of Indians, on the 22d day of May, A. D. 1856, at the office of the Superintendent of Indian Affairs for the Territory of Minnesota, twenty-three hundred and fifty…
2Cases cited4 opinions
- Hodgson v. DexterSupreme Court of the United States · 1803
- Parks v. RossSupreme Court of the United States · 1851
- Jones v. Le TombeSupreme Court of the United States · 1798
- Osborne v. KerrNew York Supreme Court · 1834
3Cited by9 opinions
- Bowers v. American Surety Co.Court of Appeals for the Second Circuit · 1929
- Turner v. AlthausNebraska Supreme Court · 1877
- Coleman v. PearceSupreme Court of Minnesota · 1879
- Stevens v. Wisconsin Farm Land Co.Supreme Court of Minnesota · 1914
- German-American Bank v. WhiteSupreme Court of Minnesota · 1888
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