Minnesota Statutes
Minn. Stat. § 323.39 (2026)
[Repealed]
✓ current as of May 2026
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[Repealed, 1997 c 174 art 12 s 68; 1998 c 262 s 12]
Notes of Decisions
Cited in 4
cases, 1953–1987 · leading case: Hogs Unlimited v. Farm Bureau Mut. Ins. Co., 401 N.W.2d 381 (Minn. 1987).
Hogs Unlimited v. Farm Bureau Mut. Ins. Co., 401 N.W.2d 381 (Minn. 1987). “Minn.Stat. § 323.39 (1986). The record indicates at least two substantial creditors, one of whom, the PCA, even has a loss payable clause in Farm Bureau’s policy.”
Sharp v. Laubersheimer, 347 N.W.2d 268 (Minn. 1984). “This amount included the return of their capital contributions of $15,000 pursuant to Minn.Stat. § 323.39 (1982) and Johnson v.”
Wallner v. Schmitz, 57 N.W.2d 821 (Minn. 1953). “Section 323.39 specifically states “subject to any agreement to the contrary: * * A contract for settlement, such as the release pleaded herein, would be such an agreement.”
Petersen v. Petersen, 169 N.W.2d 228 (Minn. 1969). “However, the above-cited authorities, including § 323.39, make it equally clear that the right of a partner to receive back the capital he contributed is subject to a contrary agreement among the partners.”
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