Legal Opinion

State v. Bank of New England

Supreme Court of Minnesota

Decided October 27, 1893No. 8409PublishedCited by 8 opinions

Appeal by plaintiff, the State of Minnesota, from an order of the District Court of Hennepin County, Thomas Canty, J., made July 17, 1893, refusing to appoint a receiver and to grant an injunction. The defendant, the Bank of New England was a corporation having banking powers. It was organized in December, 1891, under 1878 G. S. ch. 33, and was located and doing business in the Guaranty Loan Building at Minneapolis.

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Appeal by plaintiff, the State of Minnesota, from an order of the District Court of Hennepin County, Thomas Canty, J., made July 17, 1893, refusing to appoint a receiver and to grant an injunction. The defendant, the Bank of New England was a corporation having banking powers. It was organized in December, 1891, under 1878 G. S. ch. 33, and was located and doing business in the Guaranty Loan Building at Minneapolis. Its capital was $100,000. The State Treasurer deposited public funds in this Bank under 1878 G-. S. ch; 6, § 37, as amended. The Bank became insolvent and unable to pay on demand…

1Opinion of the CourtG-ileillan, C. J.

This is an action under 1878 Gr. S. ch.- 76, by the attorney general on behalf of the state as a creditor against the defendant, an insolvent banking corporation. On the complaint and an affidavit, which made a case for the appointment of a receiver and for an injunction, an order was granted requiring the defendant to show cause, why a receiver should not be appointed, and an injunction issued. At the time specified in the- order the defendant did not attempt to show cause otherwise than by showing that after the commencement of the action it had made an assignment under the insolvency law…

2Cases cited1 opinion

  1. Hyde v. WeitznerSupreme Court of Minnesota · 1890

3Cited by8 opinions

  1. Hanson v. DavisonSupreme Court of Minnesota · 1898
  2. Sjoberg v. Security Savings & Loan Ass'nSupreme Court of Minnesota · 1898
  3. Olson v. CookSupreme Court of Minnesota · 1894
  4. London & North West American Mortgage Co. v. St. Paul Park Improvement Co.Supreme Court of Minnesota · 1901
  5. Klee v. E. H. Steele Co.Supreme Court of Minnesota · 1895

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