The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-13
BATCH Of DECISIONS
SIN OF THEM HANDED DOWN by
THE SUPREME COURT YES
TERDAY.
THE IRISH-AMERICAN BANK.
ONE OF THEM MODIFIES AN ORDER
CONCERNING THE MINNEAPOLIS
INSTITUTION.
DOINGS IN THE LOCAL COURTS.
United States Grand Jury Concludes
Its Labors After Returning
Three Indictments.
THE IRISH AMERICAN BANK.
DoINGs IN THE LOCAL COURTS

Six supreme court decisions written
by Chief Justice Start were filed yes
terday. One of them is a case in which
the receiver of the Irish-American
bank, Minneapolis, was respondent,
and in it the order is modified. Fol-
lowing are the syllabi:
In re assignment of A. II. Ives ct al, Alphon-
so B. Hawkins, as assignee, etc, appellant,
Stephen Mahoney, receiver of the Irish
American Bank, ct al, respondents.
Syllabus In insolvency proceedings
where there are both partnership and indi-
Vidual assets for distribution, the firm assets
will be first applied TO the payment of the
partnership debts, and the individual assets in
like manner to the payment of the individual
debts of the partners. If there is surplus
in either fund, after paying in full the cred
1tors to whom ii primarily belongs, IL will be
carried to the other fund and distributed as
part thereof
is based upon promissory note given for
money loaned to the partnership and signed
by the firm and an individual partner, such
creditor is entitled to receive a dividend from
the firm assets and dividend from the in
dividual assets of such partner on the bal
ance only of his claim after deducting the
amount of the firm dividend. Order modi-
fed Start c.. j.
Frank L. Moffett and William T. Moffett. as
executors of the estate of James B. Moffett
al, defendants, Albert G. Broker, respond
ent.
Syllabus-1 Held that the evidence sus-
tains the finding of the trial court to the
effect that the defendant, Broker, trustee
in fact, took an assignment of the mortgages
here in question to secure loan then made
in good faith and without notice Of any
equities in favor Of the plaintiffs Of the
mOrtgagorS
2. A mortgage has none of the privileges
of negotiable paper, but is a mere chose in
action, which assignee takes subject to any
unless they estopped by their acts or
otherwise from asserting it as against the
assignee; but he does not take it subject to
any equities of third parties of which he has
notice.
3. A mortgage given to defraud creditors
and without consideration cannot be enforced
as between the parties thereto; but as be-
value without notice, and the dishonest mort
gagor it may be enforced for he is eQuitably
estopped against such assignee to inter-
pose the defense of want of consideration.
Judgment affirmed. -Sart c. J.
ent, VS.. Ufton Grove Land & Improvement
Company ct al, defendants, John E. Ran
som, executor, etc, appellant.
Syllabus-A trust deed construed and held
that it does not require the trustee to pay
taxes and prior liens upon separate lets or
parcels of the mortgaged premises as to
which he asserts claim in his foreclosure
proceedings. Order affirmed. Start, C. j.
Edward j. Cleary, respondent, VS.. Dakota
Packing Company, appellant.
Syllabus-Evidence considered and held that
1t establishes the plaintiffs contributory neg
lgence as matter of law. Order reversed.