Standard Lithographing Co. v. Twin City Motor Speedway Co.
Supreme Court of Minnesota
After the former appeal reported in 140 Minn. 2-40, 167 N. W. 796, the ease was tried before Dickson, J., who made findings and as eonclusions of law found that Paust and Cooke were entitled to judgment; that, they had a valid claim against the Twin City Speedway Company for $9,994.05, and that the same be paid by the receiver of the company out of funds in his hands for the payment of debts.
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After the former appeal reported in 140 Minn. 2-40, 167 N. W. 796, the ease was tried before Dickson, J., who made findings and as eonclusions of law found that Paust and Cooke were entitled to judgment; that, they had a valid claim against the Twin City Speedway Company for $9,994.05, and that the same be paid by the receiver of the company out of funds in his hands for the payment of debts. From an order denying their motion for an order amending the findings of fact and eonclusions of law or for a new trial, Philip W. Herzog, receiver, and Frank H. Wheeler, objecting stockholder, appealed.…
1Opinion of the CourtDibell, J.
This is a sequestration proceeding against the Twin City Motor Speedway Company, a Minnesota corporation. The controversy now before the court is upon the claim of Paust and Cooke for $9,994.05 on an account stated. It was here before and is reported in 140 Minn. 240, 167 N. W. 796. So far as is possible we avoid a repetition of the facts.
*7In January, 1916, Paust and Cooke received $10,000 in stock of the company and $5,000 of its bonds and gave a release. It is not questioned that they accepted the stock and bonds in settlement of all their claims, including the account stated. Their…
2Cases cited3 opinions
- Messenger v. AndersonSupreme Court of the United States · 1912
- Kramer v. Northwestern Elevator Co.Supreme Court of Minnesota · 1906
- Standard Lithographing & Printing Co. v. Twin City Motor Speedway Co.Supreme Court of Minnesota · 1918
3Cited by8 opinions
- Lange v. Nelson-Ryan Flight Service, Inc.Supreme Court of Minnesota · 1962
- Sands v. American Railway Express Co.Supreme Court of Minnesota · 1924
- Cayse v. Foley Brothers, Inc.Supreme Court of Minnesota · 1961
- MacLaren v. WoldSupreme Court of Minnesota · 1926
- Kozisek v. BrighamSupreme Court of Minnesota · 1931
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