Talty v. Torling
Supreme Court of Minnesota
Action in the district court for Martin county by plaintiff, as administrator of the estate of O. E. Wilber, deceased, to recover $111 and interest on promissory notes executed to decedent. The answer set up a counterclaim, and demanded judgment for $1,650. The case was tried before Quinn, J., and a jury, which rendered a verdict in favor of defendant for $1,195. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtLewis, J.
Plaintiff, as administrator of the estate of O. E. Wilber, deceased, commenced this action against defendant for the purpose of recovering upon two promissory notes executed and delivered to Wilber in his lifetime, and found among the assets of the estate.
The answer admits the execution of the notes, but alleges payment by a settlement and accounting, and sets up a counterclaim that, in consideration of the settlement of the liabilities of Wilber to defendant, Wilber transferred to defendant certain personal property, a part of which was immediately delivered, and in consideration of the…
2Cases cited3 opinions
- Walker v. JohnsonSupreme Court of Minnesota · 1881
- Mississippi & Rum River Boom Co. v. PrinceSupreme Court of Minnesota · 1885
- Gerdtzen v. CockrellSupreme Court of Minnesota · 1893
3Cited by8 opinions
- Fishburne v. Merchants BankWashington Supreme Court · 1906
- Ennor v. RaineNevada Supreme Court · 1903
- In Re Estate of BrowningSupreme Court of Minnesota · 1933
- Browning v. EikenSupreme Court of Minnesota · 1933
- Johansen v. Arizona Hotel, Inc.Arizona Supreme Court · 1930
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