[DOWNLOAD] "Check v. Kaplan" by Supreme Court of Minnesota ~ Book PDF Kindle ePub Free

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eBook details

• Title: Check v. Kaplan
• Author : Supreme Court of Minnesota
• Release Date : January 13, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

RUGG, C. J. The first paper printed in this record is entitled Findings, Rulings and Order on Petition of Israel N. Samuels for Lien for Counsel Fees and Disbursements. It is signed by a Judge of the superior court. It therein is stated among other findings that the present proceeding was begun in a district court as an action at law on a note, was removed on motion of the defendant to the superior court, that thereafter but before judgment a motion was filed in the case for equitable relief under St. 1925, c. 170, and that thus Morris Kaplan, husband of the defendant, was brought in as a party. The amount due from the defendant to the plaintiff was fixed at the amount claimed in his declaration, though the case had not gone to judgment because of the equitable proceeding. By report of a master it had been found that there was in the hands of Morris Kaplan $904.08 belonging to the defendant, Annie D. Kaplan, available for satisfaction of the claim of the plaintiff and the claim of his wife, who is said to have instituted a separate action for the collection of a claim due her from the defendant, Annie D. Kaplan, the amount of which had also been fixed. Thereafter, on September 8, 1931, a decree was entered directing Morris Kaplan to pay to the plaintiff said sum of $904.08 to be used by him in satisfying the amount hitherto determined to be due him from the principal defendant, viz., $535, with interest and costs, and to pay the balance to the wife of the plaintiff in part satisfaction of her claim against Annie D. Kaplan hitherto determined to be $602.55, with interest and costs. Thereafter, one Morris Silverman was allowed to intervene for the purpose of collecting an unsatisfied judgment held by him against the plaintiff out of the sum to be paid to the plaintiff by Morris Kaplan as amount due from his wife to the plaintiff, and decree was entered ordering that sum paid to the clerk of the superior court for the benefit of the intervenor.

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