O'Gorman v. Sabin
Supreme Court of Minnesota
Action in the district court for Washington county against D. M. Sabin, J. S. O’Brien, David Tozer, Sanuiel Matthews, E. W. Durant, and Jacob Bean, upon an undertaking alleged to have been executed by them. After trial and verdict in favor of plaintiff for $76,343.07, plaintiff by leave of court amended his complaint as stated in the opinion, and defendants interposed a demurrer to the amended complaint, which the court overruled.
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Action in the district court for Washington county against D. M. Sabin, J. S. O’Brien, David Tozer, Sanuiel Matthews, E. W. Durant, and Jacob Bean, upon an undertaking alleged to have been executed by them. After trial and verdict in favor of plaintiff for $76,343.07, plaintiff by leave of court amended his complaint as stated in the opinion, and defendants interposed a demurrer to the amended complaint, which the court overruled. Defendants thereafter moved the court (1) to direct judgment for defendants for dismissal of the action, and for their costs and for such other relief as might be…
1Opinion of the CourtMitchell, J.
The first thing necessary to the proper understanding of this case is to gather up out of the great mass of chaotic *52record something like a concise and consecutive statement of the facts.
In May, 1884, the affairs of Seymour, Sabin & Co., an insolvent corporation, were placed in the hands of a receiver, under Gf. S. 1878, c. 76, § 9 (Gr. S. 1894, § 5897); the plaintiff in this action being appointed receiver.
August 9, 1888, the court made an order directing the receiver to sell at public auction all the assets of the insolvent corporation, and providing that the purchaser at such sale should…
2Cases cited1 opinion
- Tozer v. O'GormanSupreme Court of Minnesota · 1895
3Cited by2 opinions
- Horton v. SeymourSupreme Court of Minnesota · 1901
- Tozer v. O'GormanSupreme Court of Minnesota · 1896