Fletcher v. Hahn

CourtSupreme Court of Minnesota (US)
Writing for the CourtMITCHELL
Citation59 N.W. 315,57 Minn. 361
Decision Date25 May 1894
PartiesFLETCHER v. HAHN ET AL.

57 Minn. 361
59 N.W. 315

FLETCHER
v.
HAHN ET AL.

Supreme Court of Minnesota.

May 25, 1894.


[59 N.W. 315]


(Syllabus by the Court.)

1. Where two judges of the district court in Hennepin county sit together in the hearing of a cause, if there is a division of opinion, the opinion of the judge senior in office is the opinion of the court.

2. Where an assignee in insolvency has failed to comply with the order of the court to turn over all money and property in his hands to his successor, it is not error for the court to refuse to pass upon and allow his account for services and disbursements until he complies with the order.

3. In passing upon the account of the assignee, the court is not confined to the evidence formally introduced on the hearing, but, in determining the reasonableness of the account, may use his own personal knowledge of what has been done by the assignee in the proceedings, and of the general nature and extent of his services.


Appeal from district court, Hennepin county; Charles M. Pond, Judge.

Appeal of George H. Fletcher, former assignee of the State Bank, from an order settling his accounts. Affirmed.

J. F. McGee, for appellant.

Hahn & Hawley and J. W. Arctander, for respondents.


MITCHELL, J.

The short facts are that on June 27th the State Bank of Minneapolis, being insolvent, made an assignment for the benefit of its creditors to one Fletcher, a stockholder and director of the bank, and a debtor to it in the sum of over $5,000, of which $1,500 was overdue. Fletcher entered upon the duties of his office, as assignee, June 30th. On August 12th he resigned, and on August 17th the court made an order appointing his successor, and requiring him to deliver over to such successor all property or money of the bank in his hands. At this time, Fletcher had in his hands $8,643.14, of which over $6,200 was practically money which the bank had on hand at the time of the assignment. The remainder was money which Fletcher had collected by his own exertions. On August 22d, Fletcher paid over to his successor $5,000, and no more. On or about August 24th, he filed his report, in which he claimed for his services and disbursements, during the month and a half he had acted as assignee, the sum of $3,431.38. A large number of the creditors of the bank objected to the allowance of any part of the account, for the reason, among others, that he was in contempt of court, in not obeying its order to pay over to his successor all the money in his hands....

To continue reading

Request your trial
12 practice notes
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...rests in its discretion. (State v. Bank, 61 Neb. 496; Bank v. Badger (Wis.), 79 N.W. 21; Ford v. Ford (Wis.), 59 N.W. 464; In re Bank, 57 Minn. 361; Cake v. Mohunn, 164 U.S. 311.) Upon the evidence the amount allowed was no more than was reasonable. SCOTT, JUSTICE. POTTER, C. J., and BEARD,......
  • Neal v. N. Pac. R. Co.
    • United States
    • Supreme Court of Minnesota (US)
    • May 25, 1894
    ...10 or 12 hours, they were all fellow servants, and the master was not liable. Schaub v. Railroad Co., 106 Mo. 74, 16 S. W. 924. In each of [59 N.W. 315]these cases there was more or less opportunity for the interposition of the master, while the servant was powerless to protect himself. In ......
  • State v. Neb. Sav. & Exch. Bank
    • United States
    • Nebraska Supreme Court
    • March 6, 1901
    ...the receiver in discharge of the duties of his receivership, and the nature, extent, and value of the services rendered. In re State Bank, 57 Minn. 361, 59 N. W. 315. Without determining the right of appellant to be heard in this court, which is doubtful, because no appealable interest is d......
  • State v. Nebraska Savings & Exchange Bank, 11,882
    • United States
    • Supreme Court of Nebraska
    • March 6, 1901
    ...the receiver in discharge of the duties of his receivership, and the nature, extent and value of the services rendered. In re State Bank, 57 Minn. 361. Without determining the right of appellant to be heard in this court, which is doubtful, because no appealable interest is disclosed by the......
  • Request a trial to view additional results
11 cases
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...rests in its discretion. (State v. Bank, 61 Neb. 496; Bank v. Badger (Wis.), 79 N.W. 21; Ford v. Ford (Wis.), 59 N.W. 464; In re Bank, 57 Minn. 361; Cake v. Mohunn, 164 U.S. 311.) Upon the evidence the amount allowed was no more than was reasonable. SCOTT, JUSTICE. POTTER, C. J., and BEARD,......
  • Neal v. N. Pac. R. Co.
    • United States
    • Supreme Court of Minnesota (US)
    • May 25, 1894
    ...10 or 12 hours, they were all fellow servants, and the master was not liable. Schaub v. Railroad Co., 106 Mo. 74, 16 S. W. 924. In each of [59 N.W. 315]these cases there was more or less opportunity for the interposition of the master, while the servant was powerless to protect himself. In ......
  • State v. Neb. Sav. & Exch. Bank
    • United States
    • Nebraska Supreme Court
    • March 6, 1901
    ...the receiver in discharge of the duties of his receivership, and the nature, extent, and value of the services rendered. In re State Bank, 57 Minn. 361, 59 N. W. 315. Without determining the right of appellant to be heard in this court, which is doubtful, because no appealable interest is d......
  • Duncan v. Barnard Cope Mfg. Co., No. 27331.
    • United States
    • Supreme Court of Minnesota (US)
    • February 21, 1929
    ...that orders settling the accounts of receivers in different kinds of actions and proceedings are final and appealable. In re State Bank, 57 Minn. 361, 59 N. W. 315; Farmers' Nat. Bank v. Backus, 74 Minn. 264, 77 N. W. 142; Northwestern Nat. Bank v. Mickelson-Shapiro Co., 134 Minn. 422, 159 ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT