Williamson v. Falkenhagen
| Decision Date | 01 November 1929 |
| Docket Number | No. 27390.,27390. |
| Citation | 227 N.W. 429,178 Minn. 379 |
| Parties | WILLIAMSON v. FALKENHAGEN et al. |
| Court | Minnesota Supreme Court |
Appeal from District Court, Chippewa County; G. E. Qvale, Judge.
Action by Katherine P. Williamson against Walter M. Falkenhagen and others. From an order denying defendants' motion to set aside service of summons and complaint, defendants appeal. Reversed.
C. D. Bensel and W. W. Merrill, both of Montevideo, and Thos. P. Helmey, of Minneapolis, for appellants.
Daly & Barnard, of Renville, and A. E. Kief, of Montevideo, for respondent.
Defendant Guaranteed Securities Company is a corporation of the state of Utah having its place of business at the city of Salt Lake City in that state. Defendant Blood is the receiver of that corporation appointed by a court of the state of Utah, and is a resident and citizen of that state. Neither of them was doing business in the state of Minnesota. The summons and complaint in this action were served upon them in the state of Utah. They made a motion to set aside the service on the ground that jurisdiction over them could not be acquired in that manner, and appealed from an order denying the motion.
In her complaint plaintiff sets forth two causes of action. In the first she alleges that in 1923 the defendants Falkenhagen executed their promissory note for $1,200 to the Chippewa County State Bank, and to secure the payment thereof executed to the bank a mortgage upon certain land in Chippewa county; that the bank sold and assigned the note and mortgage to her; that thereafter and in 1924 she transferred and assigned the note and mortgage to defendant Guaranteed Securities Company in exchange for certain capital stock of that company; and that she was induced to make the exchange by false representations concerning the financial condition of the company and the value of the stock. The relief asked against that company and its receiver, defendant Blood, is that the assignment to the company be canceled, and that she be adjudged to be the owner of the note and mortgage. That the courts of this state cannot acquire jurisdiction of the person of a defendant by service of the summons upon him outside the state, and cannot bind him personally by any judgment based upon such service, is too well settled to require discussion or the citation of authorities. A debt evidenced by a promissory note and secured by a mortgage is a mere chose in action, at most a personal chattel. The mortgage is but an incident of the debt and passes with it. Rogers v. Benton, 39 Minn. 39, 38 N. W. 765, 12 Am. St. Rep....
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First Trust Co. of St. Paul v. Matheson
...in personam of the garnishee. See Harris v. Balk, 198 U. S. 215, 25 S. Ct. 625, 49 L. Ed. 1023, 3 Ann. Cas. 1084. Williamson v. Falkenhagen, 178 Minn. 379, 227 N. W. 429, is also distinguishable. The relief wanted was a judgment annulling the assignment of a note and mortgage, and to determ......
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Williamson v. Guaranteed Sec. Co. of Salt Lake City, Utah
...to defendants Guaranteed Securities Company and George H. Blood, it involves the same questions determined in case of Williamson v. Falkenhagen, 227 N. W. 429, No. 27390. The cases were argued together, and this case is ruled by the decision in that filed herewith. The additional facts appe......