Miller v. State Bank

59 N.W. 309, 57 Minn. 319, 1894 Minn. LEXIS 293

Opinion

Gilfillan, C. J.

Plaintiff was agent for Simon Clark & Co., and, as such, deposited money of theirs with defendant to the credit of himself, — “A. J. Miller, Agent.” Afterwards Simon Clark & Co. made an assignment in insolvency.

Whether plaintiff could or could not, while his agency continued, maintain -an action in his oavu name on the deposit, he certainly could not after his relation to the deposit ceased by the revocation of his agency with respect to it

The assignment of his principals, Simon Clark & Co., worked such revocation.

Order reversed.

Book, J., absent, sick, took no part.

(Opinion published 59 N. W. 309.)