Minnesota Reports: Cases Argued and Determined in the Supreme Court of Minnesota, Volume 52Review Publishing Company, 1894 Cases argued and determined in the Supreme Court of Minnesota. |
From inside the book
Results 1-5 of 69
Page 31
... the original contract . The only evidence of au- thority was , that the agent was defendant's secretary . This was ទិន 52 31 178 386 insufficient . McCullough v . Moss , 5 Denio , BURNS v . FIDELITY REAL ESTATE CO . 31.
... the original contract . The only evidence of au- thority was , that the agent was defendant's secretary . This was ទិន 52 31 178 386 insufficient . McCullough v . Moss , 5 Denio , BURNS v . FIDELITY REAL ESTATE CO . 31.
Page 43
... agent , as a trustee ex maleficio , and the ground of this constructive trust is fraud . To entitle defendants to recover in this case it was necessary for them to prove that Nichols procured the deed from Mrs. Gabiou by fraud or that ...
... agent , as a trustee ex maleficio , and the ground of this constructive trust is fraud . To entitle defendants to recover in this case it was necessary for them to prove that Nichols procured the deed from Mrs. Gabiou by fraud or that ...
Page 44
... agent . In the absence of fraud Mitchell and McClure could not treat Rollins as a trustee , un- less they had such equities as would control the legal title in Mrs. Gabiou and which they could enforce against her . Whiteman v . Sev ...
... agent . In the absence of fraud Mitchell and McClure could not treat Rollins as a trustee , un- less they had such equities as would control the legal title in Mrs. Gabiou and which they could enforce against her . Whiteman v . Sev ...
Page 45
... agent , to purchase the land , and took from him a written contract of sale , and paid $ 1,000 as earnest money . Although not mate- rial , under the view we take of the case , it may be stated that this contract was not binding on ...
... agent , to purchase the land , and took from him a written contract of sale , and paid $ 1,000 as earnest money . Although not mate- rial , under the view we take of the case , it may be stated that this contract was not binding on ...
Page 83
... agent , to apply money in his hands to the payment of the notes , which notes such agent then held as the agent for the payee , does not , of itself , constitute or have the effect of such an application of the money . Appeal by ...
... agent , to apply money in his hands to the payment of the notes , which notes such agent then held as the agent for the payee , does not , of itself , constitute or have the effect of such an application of the money . Appeal by ...
Other editions - View all
Common terms and phrases
47 Minn agent agreement alleged amount Appeal by defendant Appeal by plaintiff applied assignment authority bond bondholders cause of action certificate City claim commenced complaint contract conveyance conveyed corporation covenant creditors damages debt Decided Jan deed default defendant's denied District Court Duluth entitled evidence execution fact fendant filed foreclose foreclosure G. S. ch grant held Hennepin County indorsement interest judgment jury lake land lien Liniment Louis county matter ment Minneapolis mortgage mortgagor motion N. W. Rep negligence notice Opinion published 53 Order affirmed owner paid parties Paul payment person plaintiff possession premises Probate Court proceedings promissory note provisions published 53 N. W. purchase purpose question Ramsey County reason received recover respondent riparian rule secured sold Spooner statute Submitted on briefs supersedeas bond thereof tiff tion trial court trust verdict void West Duluth Winona & St
Popular passages
Page 319 - ... act of March 3, 1887, providing for the adjustment of land grants made by Congress to aid in the construction of railroads, etc...
Page 398 - ... every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile, on each side of said railroad line...
Page 322 - That for the purpose of ascertaining and settling private land claims in the State of California, a commission shall be, and is hereby, constituted, which shall consist of three...
Page 189 - In like manner, the States own the tide-waters themselves, and the fish in them, so far as they are capable of ownership while running. For this purpose the State represents its people, and the ownership is that of the people in their united sovereignty.
Page 210 - ... to the use of, or in trust for, such person ; and if made to any person to the use of, or in trust for another, no estate or interest, legal or equitable vests in the trustee.
Page 192 - US 371, it was held that grants by the United States of its public lands bounded on streams and other waters, made without reservation or restriction, are to be construed, as to their effect, according to the law of the State in which the lands lie...
Page 197 - ... or that, because the riparian owner is liable to lose soil by the action or encroachment of the water, he should also have the benefit of any land gamed by the same action. But it seems to us that the rule rests upon a much broader principle, and has a much more important purpose in view, viz. to preserve the fundamental riparian right — on which all others depend, and which often constitutes the principal value of the land — of access to the water.
Page 311 - no law shall embrace more than one subject, which shall be expressed in its title,
Page 453 - For such purposes, compensation (as so defined) paid in a calendar year shall, in the absence of evidence to the contrary, be presumed to have been paid in equal proportions with respect to all months in the year in which the employee rendered services for such compensation.
Page 119 - Among those laid down, and probably the best rule to be adopted, is that if there appear enough in the description to enable a party familiar with the locality to identify the premises intended to be described with reasonable certainty, to the exclusion of others, it will be sufficient.