Richardson v. Merritt
Supreme Court of Minnesota
On Reargument. January 20, 1899. Action in the district court for St. Louis county by plaintiff, as assignee of the American Loan & Trust Company, to recover balance due on a promissory note given by defendant for tbe purchase price of capital stock in that company. The case was tried before Ensign, J., without a jury, who ordered judgment in favor of plaintiff for |8,142.18. From an order denying a motion for a new trial, defendant appealed.
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On Reargument. January 20, 1899. Action in the district court for St. Louis county by plaintiff, as assignee of the American Loan & Trust Company, to recover balance due on a promissory note given by defendant for tbe purchase price of capital stock in that company. The case was tried before Ensign, J., without a jury, who ordered judgment in favor of plaintiff for |8,142.18. From an order denying a motion for a new trial, defendant appealed. Whatever rights the defendant would have against the trust com-party, he has and retains against its assigns. St. Paul & M. Trust Co. v. Leek, 57 Minn.…
1Opinion of the CourtCanty, J.
_From April 12, 1893, to July 11, 1894, defendant was indebted to the American Loan & Trust Company in the sum of $3,000, for *358which it held his promissory note. On the latter day the trust company, being insolvent, made an assignment under the insolvency law for the benefit of all its creditors. The assignee accepted the trust, qualified, and brought this action to recover the amount of the note. The defendant in his answer admitted the making of the note, and alleged that on April 16, 1892, the trust company as principal, and he and other persons as sureties, executed to the county of St.…
Also in this document: Per curiam.
2Cases cited18 opinions
- Hollins v. Brierfield Coal & Iron Co.Supreme Court of the United States · 1893
- Sanger v. UptonSupreme Court of the United States · 1875
- Peters v. BainSupreme Court of the United States · 1890
- Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892
- Wabash, St. Louis & Pacific Railway Co. v. HamSupreme Court of the United States · 1885
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3Cited by13 opinions
- Cockrill v. Peoples Savings BankTennessee Supreme Court · 1927
- Andrews v. State Ex Rel. BlairOhio Supreme Court · 1931
- Noyes v. BrownSupreme Court of Minnesota · 1919
- Way v. MooersSupreme Court of Minnesota · 1917
- In Re Discipline of Raymond G. O'MalleySupreme Court of Minnesota · 1948
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