[Download] "Howard v. Barnstable County Nat. Bank" by Supreme Court of Minnesota ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Howard v. Barnstable County Nat. Bank
• Author : Supreme Court of Minnesota
• Release Date : January 28, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

DONAHUE, Justice. The plaintiff was a depositor in the defendant bank and also its debtor on a note given for money borrowed. The defendant on June 1, 1931, applied the deposit of the plaintiff on account of the note. The plaintiff brought this action to recover for damages alleged to have resulted from the appropriation of the deposit to the debt. The case was tried before an auditor whose findings of fact were under the terms of the order of reference to be final. A Judge of the Superior Court on facts found by the auditor found and ruled that because of false and fraudulent statements made by the plaintiff the defendant was warranted in rescinding its contract with the plaintiff and in applying the funds of the plaintiff in its possession toward the payment of his overdue note and that the plaintiff was not entitled to recover. The case is here on exceptions to the findings and rulings of the Judge.

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