The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-06-23
NOT ELIGIBLE, NOT LIABLE
SUPREME COURT SAYS ONLY
NORSEMEN CAN BE HELD FOR
"NORMANNA'S" DEBTS
Those Who Were Admitted to the
Society In Violation of It's Char
ter Did Not Become Legally Iden-
titled With 1t,

Society In Violation of It's Char
ter Did Not Become Legally Iden-
titled With 1t.
The stockholders Of the defunct Nor
mamma Society Of Minneapolis. who are
not Norwegians, are not liable for the
debts of the corporation. Chief Justice
Start, in decision handed down in the
supreme court yesterday, unraveled the
Normanna society controversy, and de-
cided that defendants in the action were
not liable for the debts of the CORPORA
ton in as much as they were ineligible
for membership. The order Of the lower
court is modified. The syllabus is as fol-
lows:
Peter J. Blein ct al. appelIants va T.ars
II. Rand, as assignee of ''Normanna''
ct al, respondents.
Syllabus. The right to membership
In corporation may be restricted by ex-
press provision Of its charter, although
1878. ' N-'-e- '4'-e chap d. u o
2. The defendants subscribed and paid
Tor stock and accepted certificates there
for in q corporation which, by its char
ter, restricted the right to hold stock
therein to persons of a certain national
iity to which the defendants did not be-
long.
The corporation accepted them as
stockholders, and without objection from
them they appeared as stockholders on
the books of the corporation for three
years, when the corporation became in
solvent. In the meantime debts were
contracted by the organization which are
unpaid. Held, that the defendants are
estopped as against creditors to assert
that they are not stockholders because
they were not in fact eligible to mem
bership in the corporation. Judgment
mod1hed. Start, c. J.
In the case of Smith & Forster against
the Columbia National Bank of Mime
apolis the court holds that $14 per day is
an exorbitant fee for a collectors serv-
ices Forster & Smith were given for
collection an account of So, 600 against the
Walla Walla Wine company, and, after
charging up fees in the case, $14 per day
was charged by Mr.. Smith for his serv-
ices The findings Of the lower court are
reversed and new trial granted. The
syllabus is as follows:
James Forster and Edward Smith, CO.
partners as Forster & Smith, respon-
dents, VS.. The Columbia National Bank
and J. B. Atwater, as receiver, etc.,
appellants.
that the award of damages herein IL
grossly excessive. Order reversed and a
new trial granted. Start, c. J.
Other decisions handed down were as
follows:
Vance King, respondent, vs. c., M. & st.
P. Ry. Co., appellant.
Syllabus-Action to recover for person
al injuries sustained by the PLAINTIFF in
a collision with defendants locomotive
1. That the verdict to the effect that
the defendant was and the plaintiff was
not guilty of negligence in the premises
Is sustained by the evidence.
n iniI q
mately by the concurring negligence Of
two or more parties, each is liable for
the result, and that a request for IN
rule was rightly refused. Judgment af-
firmed. Start, Z. j.
Catherine Christian ct al, appellants. We.
Christian Westphal ct AL, defendants;
Louis v. Klein, respondent.
Syllabus-In an action by a Judgment
debtor to have his judgment declared a
wife, upon the ground that he paid the
purchase price and that 1t was conveyed
to his wife in trust for his benefit to de-
fraud his creditors, 1t is held: that it
was error to exclude evidence to the eff
feet that after the conveyance and while
the debtor was in possession of the farm
he made permanent improvements there
on and paid for them with his own
money. Order reversed. Start. c. J.
Zenith Building and Loan Association. re-
spondent,. VS.. William P. Heimbach ct
al, appellants.
syilabus-1 Held, that the finding and
conclusion herein of the trial court to
the effect that the plaintiff is q mutual
building and loan association within the
of sections 22l6 and 1884, General
Statutes 1894, exempting such associa-
tons from the usury laws of the state.
and that the mortgage here in question
is not usurious are sustained by the evil
dence.
e. Held. that the statutes so exempting
such associations are constitutional. Or
der affirmed. Start, G. J.
Jacob Schneid, respondent, VS. Nels An
derson and Anton Adam. appellants.
version of live stock and other property.
The plaintiff claimed title by virtue of
chattel mortgage thereon, and the de-
PENDANT, as sheriff, under an execution
levy. It is held: l. The complaint stat
ed cause Of action and the evidence JUS
titled the courts finding that the mort |
gage was executed in good faith and not
itor
g. A description Of the property, in
a chattel mortgage which will enable !
third person, aided by inquiries which the
mortgage indicated, to identify the prop (
erty, is sufficient The finding of the court |
as that described in the mortgage is sus-
tanned by the evidence.
8. The affidavit of title required by |
General Statutes 1884, section 1896, to be |
made by q third party when he claims !
property levied upon by the sheriff, is |
acer Of the general nature Of the title or |
claim Of the party to the property. The |
affidavit served In this case was sufficient |
Order and judgment affirmed.