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KOBERG v. JONES

No. 40703.

157 N.W.2d 47 (1968)

Raymond J. H. KOBERG and Irene H. Koberg, individually, and as assignee of Otto Bergemann, Respondents, v. Ben J. JONES, Admr. C.T.A. of the Estate of H.E. Glaeser, Appellant.

Supreme Court of Minnesota.

March 8, 1968.

Attorney(s) appearing for the Case

Leslie H. Morse, Blethen, Ogle, Gage & Krause, Mankato, for appellant.

McLean, Peterson, Sullivan & Etzell, Mankato, for respondents.

OPINION

MURPHY, Justice.

This is an appeal from an order of the district court denying a motion for a new trial. The issue presented is whether a fiduciary relationship between the parties entitles respondents to set off against their indebtedness to an insolvent decedent's estate the amount of decedent's indebtedness to a third party which was assigned to respondents after death.

Appellant, Ben J. Jones, is the representative of the estate of H...

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