Kerwin v. Sabin
Supreme Court of Minnesota
Appeal by plaintiff, John Kerwin, from an order of the District Court of Washington County, Williston, J., made January 13, 1892, denying his motion for a new trial. June 20, 1882, plaintiff owned a certificate for one hundred shares, $50 each, of preferred capital stock of the Northwestern Manufacturing and Car Company, and deposited it with the company as collateral security for the payment of his note to the company for $4,000 and interest.
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Appeal by plaintiff, John Kerwin, from an order of the District Court of Washington County, Williston, J., made January 13, 1892, denying his motion for a new trial. June 20, 1882, plaintiff owned a certificate for one hundred shares, $50 each, of preferred capital stock of the Northwestern Manufacturing and Car Company, and deposited it with the company as collateral security for the payment of his note to the company for $4,000 and interest. Defendant Dwight M. Sabin, was president of the company. It became insolvent, and on May 10, 1884, a receiver of its property was appointed by the…
1Opinion of the CourtDicKINson, J.
This is an action to recover for an alleged conversion of corporate stock belonging to the plaintiff. The plaintiff discovered the fact complained of in May, 1884, but the action was not commenced until August, 1890, more than six years thereafter. Upon the facts disclosed at the trial, and now presented by a bill of exceptions, the court dismissed the action without submitting it to the jury, for the reason that it was considered that the action was barred by the statute of limitations. The evidence upon which the applicability of the statute of limitations is to be determined consisted only…
2Cases cited1 opinion
- Venable v. PauldingSupreme Court of Minnesota · 1873
3Cited by3 opinions
- Nelson v. SandkampSupreme Court of Minnesota · 1948
- Berryhill v. SeppSupreme Court of Minnesota · 1909
- Beckos v. ScholleSupreme Court of Minnesota · 1952