Legal Opinion

McCollister v. Bishop

Supreme Court of Minnesota

Decided December 4, 1899No. Nos. 11,783—(102)PublishedCited by 16 opinions

Appeal by defendants Bishop and Fidelity & Deposit Company of Maryland from an order of the district court for Hennepin county, Brooks, J., overruling demurrers to replies.

1Opinion of the Court

MITCHELL, J.1

This action was brought by the plaintiffs, as creditors of the People’s Savings & Loan Association, an insolvent corporation, against defendant Bishop, former assignee of that association, and the Fidelity & Deposit Company of Maryland, the surety on Bishop’s bond *229as assignee. The defendant Sutherland is the present receiver of the association, appointed in place of Bishop.

It is difficult to tell from the complaint whether this action was intended to be on the bond, or one for fraud and deceit. After alleging the insolvency of the People’s Savings <fe Loan Association, its…

2Cases cited2 opinions

  1. Litchfield v. McDonaldSupreme Court of Minnesota · 1886
  2. Leuthold v. YoungSupreme Court of Minnesota · 1884

3Cited by16 opinions

  1. Fidelity & Deposit Co. v. ButlerSupreme Court of Georgia · 1908
  2. In Re Estate of WoodCalifornia Supreme Court · 1911
  3. Beaver County v. Home Indemnity Co.Utah Supreme Court · 1935
  4. Meck v. BehrensWashington Supreme Court · 1927
  5. State ex rel. Olson v. EricksonSupreme Court of Minnesota · 1914

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