Fortune v. First Trust Co.

Supreme Court of Minnesota

Decided July 2, 1937

Supreme Court of Minnesota · decided 1937-07-02

Good law ✅— No negative treatment on recordhow we know

Decided 1937-07-02

How this case has been cited

Cited by 9 later decisions — most recently April 1999

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Peterson, Justice

¶1 (dissenting).

¶2 I dissent.

Mr. Chief Justice Gallagher, not having been a member of the court when this case was argued and submitted, took no part in its consideration or decision. Mr. Justice Stone took no part in consideration or decision of this case.

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Case posture

Posture: Action in the district court for Ramsey county to recover damages for defendants' alleged negligence in the management of a trust estate of which plaintiff was the settlor and the cestui que trust . At the close of plaintiff's case the court, Richard D. O'Brien, Judge, granted defendants' motion for a dismissal of the action. Plaintiff moved to vacate the order of dismissal and for an order substituting in place thereof findings of fact and conclusions of law or in the alternative for a new trial. Defendants moved for the allowance of attorneys' fees, which motion was denied, and for an order substituting in place thereof findings of fact and conclusions of law or in the alternative for a new trial. From orders denying their respective motions, plaintiff and defendants separately appealed. Affirmed.

Source: CourtListener

Court

Supreme Court of Minnesota

Parallel citations

274 N.W 524