The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-28
COURT FILES A DECIS-
ION, AMONG OTHERS, IN WOOD
HARVESTER APPEAL.
C0RDAGE COMPANY'S CLAIM
MUST BE PAID IN FULL BEFORE
OTHER CREDITORS CAN PAR
TICIPATE IN DIVIDENDS.
OTHERS BY THE CHIEF JUSTICE.
Peculiar Case in the Ramsey County
Probate COurt-A Man Easily
Proves His Sanity.

Four decisions, all bearing the sigma
ture Of Chief Justice Start, were hand
ed down by the supreme court yeSter-
day. Most important among them is
one whereby the order of the lower
court is modified in the case of the
Plymouth COrGage Company, respon-
dent, VS.. Frank A. Seymour ct al, de-
PENDANTS, Walter A. Wood Moving and
Reaping Machine Company, appellants
The court holds that in the distribution
of dividends from the estate Of the
Walter A. Wood Harvester company,
OF st. Paul, claim Of the cOrdage COM
pany Of $13,466, representing a balance
of an original indebtedness of $489, 600,
must be paid before the Wood COM
pany, Of New York, or any other cred
ltorS, may participate in the dividends
Inc Wod company, of st. Paul, in
1854 owed the cordage company $780,
Q0o, ana the Wood company, of New
ork, $539, 900, and in consideration Of
an extension of time granted by the
cordage company 1t was agreed that it's
claim should be preferred and paid in
full before anything should be paid on
the claim of the New York company.
Following are the syllibi in all four
cases:
plymouth Cordage Company, respondent, VS..
t. A. Seymour, ct al, defendants; Walter
A. Wood Moving and Reaping Machine
company ct al, appellants.
L. Corporations A and B. each creditors Of
D, third corporation whose relative claims
were due, agreed that if B would extend the
time OF the payment of its claim it should
under all circumstances be preferred and paid
us claim in full before any payment should
be made or demanded on the claim of A.
The contract was made at the solicitation of
D, and for its benefit. B, at the request of
d, extended the time of payment of it's claim,
pursuant to the contract. Afterwards re-
ceiver was appointed of the property of D.
under the insolvency laws of this state. A
and proved their respective claims.
Held that is equitably entitled to be
paid the dividends ON AS claim until BIS
claim is paid in full but that B is not enti-
tied to have paid to it the proceeds Of certain
contract was made.
2. Upon the findings of fact herein held
that BIS equitable right to such dividends is
superior to any claim thereto of any of the
trustees or receivers defendants. Order
modified. Start, c. J.
Stephen Mahoney, as Assignee of the Irish
American Bank respondent, VS.. John P.
Barber, appellant.
Held, upon a consideration of the pleading
and evidence, that there was no competent
evidence in this case to show that the de-
PENDANT was an accommodation maker of the
note sued on, CT that the note was given for an
unlawful or fraudulent purpose, or that the
holder thereof diverted and misapplied the
c0llaJeraiS pleQSeQ as security LOT Cno pay
ment of the note, held, further, that the trial
court rightly directed a verdict for the plain
tiff. Order affirmed. Start, G. ].
St. Anthony Falls Bank, appellant, VS.. Arthur
Graham ct al, respondents.
The plaintiff made alternative motion for
judgment, Notwithstanding the verdict, pur-
suant to Laws 1895, chapter $780, or for new
trial.
The trial court made it's order denying the
first request and granting the plaintiff new
trial. The plaintiff appealed from the part
of the order denying its motion for judgment.
Held that no appeal lies from such part Of
Start, g. ].
American Baptist Missionary Union, a Cor
poration, respondent, VS.. A. W. Hastings
ct al, defendants; Charles w. Weeks, ap-
pellant.
l. Held following Washington Loan and
Trust Company VS.. Mckenzie, 66 N. W. $40,
that the grantee of a mortgagor VINO mas COW
enanted to pay the taxes on the mortgaged
premises whether he is the immediate or re-
mote grantee whether he gets his title by
deed or through second mortgage, is dis
qualified from acquiring and holding tax
title to the Enortgaged premises as against
the mortgage.
that equity did not require that the plalntlH
should reimburse the grantee Of its m0rtgagor
for the amount paid by him for certain tax
certificates of sale of the mortgaged premises
g. The plaintiff herein paid certain money
under protest to the county treasurer in re-
demption of the mortgaged premises for tax
sales the certificates whereof were held by
a grantee of his mOrtgagOr, but whose rela-
ton to the plaintiffs title did not appear or
record held following Joannin VS.. Ogllv1e
40 Mimi 564 that such payment was not q
'0-O-'' Start, c. J.