Carpenter v. American Building & Loan Ass'n
Supreme Court of Minnesota
Appeal by defendant, the American Building and Loan Association, from a judgment of the District Court of Hennepin County, Wm. Lochren, J, entered January 5, 1893, against it for $4,623.47. The .plaintiffs, Charles W. Carpenter and William G-. Bissell, commenced this action June 22, 1892, against the Association, James H. Bishop and Thomas E. Bishop, defendants, to recover damages for the conversion by them of 2,550 shares of stock in the Association.
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Appeal by defendant, the American Building and Loan Association, from a judgment of the District Court of Hennepin County, Wm. Lochren, J, entered January 5, 1893, against it for $4,623.47. The .plaintiffs, Charles W. Carpenter and William G-. Bissell, commenced this action June 22, 1892, against the Association, James H. Bishop and Thomas E. Bishop, defendants, to recover damages for the conversion by them of 2,550 shares of stock in the Association. Plaintiffs bought this stock and right to damages for its conversion from one hundred and eighty-six different stockholders. They claimed…
1Opinion of the CourtCollins, J.
In substance, the complaint herein is identical with that involved in Allen v. American B. & L. Ass’n, 49 Minn. 544, (52 N. W. Rep. 144.) The conspicuous difference in the answers in the two actions is that in the case just mentioned the defendant association justified the transactions of which the plaintiff complained, affirmed the regularity and validity of the alleged sales, and relied upon them as a perfect defense to the cause- of action, while here the answer disaffirmed and repudiated the sales, expressly averred their invalidity, and alleged that in the month of May, 1892, the various…
2Cases cited7 opinions
- Reynolds v. ShulerNew York Supreme Court · 1826
- Hammond v. HastingsSupreme Court of the United States · 1890
- Hossfeldt v. DillSupreme Court of Minnesota · 1881
- Hart v. SkinnerSupreme Court of Vermont · 1844
- Joslyn v. St. Paul Distilling Co.Supreme Court of Minnesota · 1890
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- Widgren v. MassieCourt of Appeals of Minnesota · 1984
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