Legal Opinion

Schilling v. Mullen

Supreme Court of Minnesota

Decided October 24, 1893No. 8382PublishedCited by 9 opinions

Appeal by defendant, Daniel Mullen, Jr., from an order of the District Court of Ramsey County, Haseall E. Brill, J., entered February 28,1893, against him for $103.33 and costs.

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Appeal by defendant, Daniel Mullen, Jr., from an order of the District Court of Ramsey County, Haseall E. Brill, J., entered February 28,1893, against him for $103.33 and costs. On January 2,1892, the defendant, Michael J. McFadden, sold and delivered to defendant, Daniel Mullen, Jr., his stock of confectionery goods and store fixtures and entered into a written contract with Mullen to work for him as clerk in the business for one year from that date, and to give Mullen the use of his name and his tools in the manufacture and sale of confectionery. Mullen agreed to pay Mm a salary of eighteen…

1Opinion of the CourtCollins, J.

In Canty v. Latterner, 31 Minn. 242, (17 N. W. Rep.-385,) it was determined, in accordance with the weight of authority,, that an assignment of a part interest in a demand or obligation might be made, and that the courts would recognize and protect the equitable interest of the assignee. This doctrine was referred to in Dean v. St. Paid & Duluth B. Co., 53 Minn. 504, (55 N. W. Rep. 628,) where the real question was whether a separate and independent action could be maintained by the assignee to recover his share-of the demand, the debtor refusing to recognize the assignment. The conclusion of…

2Cases cited3 opinions

  1. Canty v. LatternerSupreme Court of Minnesota · 1883
  2. Dean v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1883
  3. State v. RayantisSupreme Court of Minnesota · 1893

3Cited by9 opinions

  1. Skobis v. FergeWisconsin Supreme Court · 1899
  2. Frels v. Little Black Farmers' Mutual InsuranceWisconsin Supreme Court · 1904
  3. Pillsbury Investment Co. v. OttoSupreme Court of Minnesota · 1954
  4. Brady v. ChadbourneSupreme Court of Minnesota · 1897
  5. Cross v. Page & Hill Co.Supreme Court of Minnesota · 1911

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