Head v. Miller
Supreme Court of Minnesota
Action brought in the district court for Hennepin county, to recover certain furnaces, of the value of $900, being a portion of those described in the order recited in the opinion. A jury was waived, and the action tried by Young, -J., who ordered judgment for plaintiffs. The defendant appeals from an order refusing a new trial.
1Opinion of the CourtVanderburgh, J.
This action was brought against J. A. Bixby & Co., a hardware firm in Minneapolis, in February, 1890, to recover certain furnaces claimed by the plaintiffs. Subsequently the defendant, Miller, was appointed receiver of the property of Bixby & Co., and was substituted as defendant herein. The defendant, Miller, stands in the shoes of the insolvents, and can assert no other or different right or claim to the property than they possessed. The question, then, to be determined is whether, as against Bixby, the plaintiffs were entitled to claim the property. The goods were, with others, sent to…
2Cases cited1 opinion
- Pam v. VilmarNew York Supreme Court · 1876
3Cited by3 opinions
- Bishop v. La BreeSupreme Court of Minnesota · 1940
- Colbert v. BaetjerCourt of Appeals for the D.C. Circuit · 1894
- Inner Shoe Tire Co. v. Knapp Brown & Co.South Dakota Supreme Court · 1917