Farmers' Nat. Bank of Owatonna v. Backus

CourtSupreme Court of Minnesota (US)
Writing for the CourtSTART
Citation74 Minn. 264,77 N.W. 142
Decision Date22 November 1898
PartiesFARMERS' NAT. BANK OF OWATONNA v. BACKUS et al.

74 Minn. 264
77 N.W. 142

FARMERS' NAT. BANK OF OWATONNA
v.
BACKUS et al.

Supreme Court of Minnesota.

Nov. 22, 1898.


Appeal from district court, Ramsey county; Charles E. Otis, Judge.

Action by the Farmers' National Bank of Owatonna against Hiram Backus and others. James A. Owens was appointed receiver, and presented a petition to the court. From an order granting the petition, plaintiff appeals. Affirmed.


Syllabus by the Court

1. A national bank, after the expiration of the time limit of its charter, continues to exist as a person in law, capable of suing and being sued, until its affairs are completely settled.

2. Held, upon the special facts of this case, that the trial court did not err in ordering the appellant to pay the balance of the fees and expenses of the receiver herein.


[77 N.W. 143]

Sawyer & Sperry, for appellant.

Stevens, O'Brien, Cole & Albrecht, for respondent.


START, C. J.

The respondent, James A. Owens, presented his verified petition to the district court of the county of Ramsey, which set forth substantially these facts: The petitioner, on July 3, 1895, was by order of the court appointed receiver in this action of the real estate which was the subject-matter thereof (conceded on the argument to be an apartment house on which the plaintiff had a second mortgage), and has continued to act as such receiver to the present time. That the defendant Hiram Backus appealed from the order to this court, giving to the plaintiff in this action a bond conditioned for the payment to it of such loss as it might sustain on account of the appeal. Pending the appeal, the income of the property was paid to the defendant. This court affirmed the order appointing the receiver. 64 Minn. 43, 66 N. W. 5. Thereupon the plaintiff, by action on the bond, recovered from the defendant and his sureties the sum of $3,100, as damages for the income from the property it was unable to collect through the receiver pending the appeal. The petition further sets forth the amount of respondent's costs and expenses necessarily incurred in the receivership, the amount of his reasonable fees for services, the amount of money which actually came to his hands as receiver from the property, which was less than his expenses and fees; also, that the property had been lost by foreclosure of a prior lien, that the defendant was insolvent, and that the receiver had no money or funds in his hands to pay the balance of the fees and expenses. The prayer of the petition was that the plaintiff be required to pay such balance. The district court made its order requiring the plaintiff to show cause why the prayer of the petitioner should not be granted. The plaintiff appeared specially in...

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16 practice notes
  • Bowersock Mills & Power Co. v. Joyce, No. 11209.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 8 Marzo 1939
    ...Iowa 287, 294, 79 N.W. 64; Cutter v. Pollock, 4 N.D. 205, 59 N.W. 1062, 25 L.R.A. 377, 50 Am.St.Rep. 644; Farmers' Nat. Bank v. Backus, 74 Minn. 264, 267, 77 N.W. 142; Crump & Field v. First Nat. Bank, 229 Ky. 526, 17 S.W. 2d 436, 68 A.L.R. 872, and annotations, page 878. See, also, Clark v......
  • Fifth Third Bank v. Dayton Lodge, LLC, No. 25531.
    • United States
    • United States Court of Appeals (Ohio)
    • 27 Diciembre 2013
    ...28 S.Ct. 406, 52 L.Ed. 528, citing Ephraim v. Pacific Bank, 129 Cal. 589, 592, 62 P. 177 (1900); Farmers' Nat. Bank of Owatonna v. Backus, 74 Minn. 264, 77 N.W. 142 (1898); Cutter v. Pollock, 7 N.D. 631, 634, 76 N.W. 235 (1898). {¶ 44} The Supreme Court of Ohio applied Atlantic Trust Co. to......
  • Hendrie & Bolthoff Mfg. Co. v. Parry
    • United States
    • Colorado Supreme Court of Colorado
    • 4 Junio 1906
    ...v. Watts, 45 Hun (N.Y.) 219; Verplanck v. Insurance Co., 2 Paige (N.Y.) 438; French v. Gifford, 31 Iowa 428; Farmers' Nat. Bank v. Backus, 74 Minn. 264, 77 N.W. 142; Tome v. King, 64 Md. 166, 21 A. 279; St. Louis, etc., R. R. Co. v. Wear, 135 Mo. 230, 36 S.W. 357, 658, 33 L.R.A. 341. [37 Co......
  • Chapman v. Atlantic Trust Co., 777.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 10 Noviembre 1902
    ...32 S.W. 582; Knickerbocker v. Mining Co., 67 Ill.App. 291, affirmed in 172 Ill. 535, 50 N.E. 330, 64 Am.St.Rep. 54; Bank v. Backus (Minn.) 77 N.W. 142; Mining Co. v. Schoolfield, 15 Colo. 376, 24 P. 1049; Cutter v. Pollock, 7 N.D. 631, 76 N.W. 235. We are further of opinion that upon the se......
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16 cases
  • Bowersock Mills & Power Co. v. Joyce, No. 11209.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 8 Marzo 1939
    ...Iowa 287, 294, 79 N.W. 64; Cutter v. Pollock, 4 N.D. 205, 59 N.W. 1062, 25 L.R.A. 377, 50 Am.St.Rep. 644; Farmers' Nat. Bank v. Backus, 74 Minn. 264, 267, 77 N.W. 142; Crump & Field v. First Nat. Bank, 229 Ky. 526, 17 S.W. 2d 436, 68 A.L.R. 872, and annotations, page 878. See, also, Clark v......
  • Fifth Third Bank v. Dayton Lodge, LLC, No. 25531.
    • United States
    • United States Court of Appeals (Ohio)
    • 27 Diciembre 2013
    ...28 S.Ct. 406, 52 L.Ed. 528, citing Ephraim v. Pacific Bank, 129 Cal. 589, 592, 62 P. 177 (1900); Farmers' Nat. Bank of Owatonna v. Backus, 74 Minn. 264, 77 N.W. 142 (1898); Cutter v. Pollock, 7 N.D. 631, 634, 76 N.W. 235 (1898). {¶ 44} The Supreme Court of Ohio applied Atlantic Trust Co. to......
  • Hendrie & Bolthoff Mfg. Co. v. Parry
    • United States
    • Colorado Supreme Court of Colorado
    • 4 Junio 1906
    ...v. Watts, 45 Hun (N.Y.) 219; Verplanck v. Insurance Co., 2 Paige (N.Y.) 438; French v. Gifford, 31 Iowa 428; Farmers' Nat. Bank v. Backus, 74 Minn. 264, 77 N.W. 142; Tome v. King, 64 Md. 166, 21 A. 279; St. Louis, etc., R. R. Co. v. Wear, 135 Mo. 230, 36 S.W. 357, 658, 33 L.R.A. 341. [37 Co......
  • Atlantic Trust Company v. Edgar Chapman, No. 109
    • United States
    • United States Supreme Court
    • 24 Febrero 1908
    ...as receiver was Page 374 unauthorized and conferred upon him no right to charge it with any expenses.' In Farmers Nat. Bank v. Backus, 74 Minn. 264, 77 N. W. 142, the supreme court of Minnesota said: 'The second proposition is that, a receiver being an officer of the court, subject to its c......
  • Request a trial to view additional results

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