Kinney v. Duluth Ore Co.
Supreme Court of Minnesota
Appeal by plaintiffs, Orrin D. Kinney and Joseph Sellwood, from an order of the District Court of St. Louis County, Samuel H. Moer, J., made February 23, 1894, sustaining demurrers to their complaint. The northwest quarter of the northeast quarter of section three (3) T. 58, R. 16, in St. Louis County was owned by the Biwabik Fee Iron Company and others.
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Appeal by plaintiffs, Orrin D. Kinney and Joseph Sellwood, from an order of the District Court of St. Louis County, Samuel H. Moer, J., made February 23, 1894, sustaining demurrers to their complaint. The northwest quarter of the northeast quarter of section three (3) T. 58, R. 16, in St. Louis County was owned by the Biwabik Fee Iron Company and others. They rented it to the Duluth Ore Company to mine and remove therefrom iron ore on payment of fifty cents per gross ton of merchantable ore removed. The Duluth Ore Company made a contract February 9, 1893,'with Carl J. Anderson to open up and…
1Opinion of the CourtCollins, J.
The questions here presented for determination are— First, does the proper transfer of a claim or demand, the payment of which may be enforced under the provisions of the mechanic’s lien law (Laws 18S9, ch. 200), operate as an assignment of the right to a lien, including the right of the transferee to file the lien statement in his own name? and, Second, if the first question be answered in the affirmative, can such transferee or assignee include more than one claim or demand in the same lien statement?
1. There is nothing in our statute, as there is in the statutes of some states, which…
2Cases cited3 opinions
- Tuttle v. HoweSupreme Court of Minnesota · 1869
- In re Emerson's HomesteadSupreme Court of Minnesota · 1894
- Benjamin v. WilsonSupreme Court of Minnesota · 1886
3Cited by22 opinions
- Southern Surety Co. of New York v. First State Bank of MarquezCourt of Appeals of Texas · 1932
- Falconio v. LarsenOregon Supreme Court · 1897
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
- Sandusky Grain Co. v. Borden's Condensed Milk Co.Michigan Supreme Court · 1921
- In re Emerson's HomesteadSupreme Court of Minnesota · 1894
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