The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-27


federal constitution. Judgment reversed.
Collins, ].
Mary scanlon, respondent, vs. John B. Alex
| appellant.
1. A person. not having a fraudulent or
| criminal purpose in SO doing may enter into
| contract by any name he may choose to as
sumo. All that the law looks to is the iden-
uty OF the individual and when that is ascer-
tanned and clearly established the act will be
blno1ng upon him and upon others.
z. Rule applied in a case where for the
purpose OF loandng money, and taking a real
estate mortgage one S. D. assumed a wholly
olnerent name, there being no fraudulent or
cr1mnai intent shown on his part.
| ). 1t is wholly immaterial that the mort
| eaeors were induced to believe that they
were dealing with a person bearing the as
sulIeu name ana would not have entered into
| such transaction with s. D., the real
A.. vendee who accepts a conveyance of
tanning covenant whereby such vendee as
| su1nes and agrees to pay the
m Ing that ssODPss from assert
thereby is usurious Judgment reversed and
new trial ordered, Collins. J.
Michael Hewston. appellant, VS.. Martin S.
Dossett and Andreas M. Ruttan, respond
ents
Held that the assignments of error herein
| are insufficient to present the question raised
and argued by counsel for appellant
ruling of the trial court whereby evil
viewed under an assignment in substance
| that the conclusion of law OF the court below
Is not justified by the findings Of fact. Order
| affirmed, Collins, j.
Fanny A. Wheadon, appellant, vs. Warren
H. Mead, respondent.
1. An order denying a motion to amend
the trial courts conclusions of law is not
appealable.
! 2. The rights of the parties to an action
are merged in the Judgment. which is the
q 1S w tho faof md
and upon an appeal from the Judgment where
there is no case bill of exceptions, only
the conclusions of law embraced in the judg-
ment can be reviewed on the ground that they
are not supported by the facts found
Judgment affirmed. Start, G. ].
David c. Bellas, Receiver of the City Bank
respondent, VS.. Abby G. Mendenhall ct al,
defendants Minneapolis Trust Company a
Corporation, appellant.
1. covenant on the part Of the defendant
trust company in consideration Of the con-
veyance to 1t of certain real estate by its CO.
defendants that it would pay all OF their debts
not exceeding in the aggregate $4,000 con-
strued and held:
Ia That the Trust Company as between it
and the debtors thereby became the principal
debtor and obligated itself to pay oil of
their creditors in full if the aggregate amount
Of the debts did not exceed $3.50, 900, but If it
did, then to pay all the creditors on their
claims pro rata the sum limited.
ID That the creditors can maintain an
action against the Trust Company on its
promise to SO pay their claims, but inasmuch
as the amount to be paid is limited and the
amount of the debts uncertain the Trust
Company is entitled to have any action
brought on the promise by a creditor to be
brought for the benefit of all of the cred
itors so that all will be bound by the ad-
judication therein.
(c.) Neither the fact that a creditor gave
to the original debtors an extension of the
time in which they were to pay his debt nor
the fact that he recovered judgment which
G p6 inst he
thereof constitutes any defense to an action
on the promise by the Trust Company to pay
the debt.
g. A defect of parties to an action is
waived unless objection is taken by demurrer
or answer, and where complaint states facts
constituting cause Of action, but shows
that there is defect of parties demurrer
to the effect that the complaint does not state
facts constituting a cause Of action must be
overruled.
Order affirmed.
Charles ]. stahl, as Administrator of the
Estate of Erick Engestrom deceased, re-
spondent, VS.. City of Duluth, appellant.
1. Evidence considered and held that the
defendants foreman was vice principal as
to his acts of negligence relied On for a re-
covery in this case, and further that the YER
diet Is sustained by the evidence
2. Held, that the trial court did not err
in overruling defendants objections to certain
hypothetical questions, nor in refusing to
strike out the answer thereto.
Held, that 1t was not reversible error for
the trial court to permit a stenographer to
testify from her shorthand notes as to the
testimony of witnesses former proceed
ing without formal and direct proof being
made that she was unable without the aid of
her notes to recall their testimony.
Order affirmed. Start c. j.
G. E. Peaslee, as Receiver of the Manufac-
turers Bank of West Duluth, appellant, vs.
James A. Hart respondent
s., the owner of two lots conveyed them to
D. and W., and took a mortgage from them
to secure a part of the purchase price. The
mortgage contained exception of mort
gage Of 81 ,000, which 1t was agreed D. and w
might execute on the lots, which should be
superior to the lien of the purchase money
mortgage of S. D. and w. made the excepted
mortgage to H. The deed and the two mort
cages were duly recorded. When the deed
was executed there of record Judgment
duly docketed against D. and w The lots
were sold to S. at a foreclosure sale under
his mortgage, from which there was no re-
demption After the time for redemption ex-
pired H. closed his mortgage and was the
purchaser at the sale. Thereafter B. became
the purchaser of the lots at an execution sale
on the judgment No redemption was made
from either the foreclosure of the execution
sale. Held, that B. is not the owner of the
lots.
order afhrmed. Start, G. ].