Prosser v. Hartley
Supreme Court of Minnesota
The plaintiff having been appointed assignee of James Elwin and William Hartley, copartners as Elwin & Hartley, in place of the defendant Henry Hartley, who was removed, brought this action in the district court for Hennepin county against his predecessor and the sureties on his bond, to recover the value of certain tobacco and tools which came into the hands of the defendant Hartley, as assignee, and which he converted to his own use.
Read the full summary
The plaintiff having been appointed assignee of James Elwin and William Hartley, copartners as Elwin & Hartley, in place of the defendant Henry Hartley, who was removed, brought this action in the district court for Hennepin county against his predecessor and the sureties on his bond, to recover the value of certain tobacco and tools which came into the hands of the defendant Hartley, as assignee, and which he converted to his own use. The action was tried before Koon, J., and a jury, and plaintiff had a verdict. On the trial, after plaintiff rested, the defendants offered to prove that a few…
1Opinion of the CourtDickinson, J.
James Elwin and William Hartley, engaged as partners in the manufacture of cigars, made a general assignment of all of their property, both partnership and individual, except such as was exempt, for the benefit of creditors, to the defendant Henry Hartley, who qualified as assignee by giving the bond prescribed by statute, (G-en. St. 1878, c. 41, § 25,) the other defendants being sureties. *342The assignee was subsequently removed by the court, and this plaintiff substituted by appointment as assignee; or, as he might more properly be termed, as receiver. He brings this action upon the bond of…
2Cases cited3 opinions
- Bissell v. . SaxtonNew York Court of Appeals · 1876
- Baker v. SheehanSupreme Court of Minnesota · 1882
- Agricultural Insurance v. KeelerSupreme Court of Connecticut · 1876
3Cited by6 opinions
- Franklin National Bank v. WhiteheadIndiana Supreme Court · 1898
- International State Bank v. GamerSupreme Court of Minnesota · 1979
- Security Bank v. BeedeSupreme Court of Minnesota · 1887
- Dietrich v. Dr. Koch Vegetable Tea Co.Supreme Court of Oklahoma · 1916
- Appellate Division of Supreme Court v. Lawyers' Surety Co.Supreme Court of Rhode Island · 1899
1 more not listed; retrieve them via the Exa API.