Metropolitan National Bank v. Hennepin County Savings Bank
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $300 upon a check certified by defendant. From an order C. L. Smith, J., granting defendant’s petition to pay the money into court, and directing the payee of the check to interplead and vacating the judgment entered 'by default, plaintiff appealed.
1Opinion of the CourtHolt, J.
Plaintiff sued defendant in the municipal court of the city of Minneapolis upon a check drawn on defendant and certified by it. Before the time for answering expired defendant obtained and served on plaintiff's attorney an order to show cause why defendant- should not be allowed to pay the money into court and be dismissed, and Mrs. Robert McDonald, the payee of the check, who asserted ownership thereto, be substituted in the stead of defendant. The order did not stay proceedings, and plaintiff entered judgment, as on default, prior to the hearing, which was finally had upon an amended…
2Cases cited1 opinion
- Schuler v. WoodSupreme Court of Minnesota · 1900
3Cited by2 opinions
- Seeling, Jr. v. Deposit Bank Trust Co.Supreme Court of Minnesota · 1928
- Deones v. ZechesSupreme Court of Minnesota · 1942