Bank of Commerce v. Selden, Withers & Co.
Supreme Court of Minnesota
This was an appeal from a judgment of the District Court of Ramsey County. The verdict was in favor of the Respondents, (Defendants below,) and the Plaintiff’s motion for a new trial was denied. The errors alleged to have been committed upon the trial are stated in the opinion of the Court.
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This was an appeal from a judgment of the District Court of Ramsey County. The verdict was in favor of the Respondents, (Defendants below,) and the Plaintiff’s motion for a new trial was denied. The errors alleged to have been committed upon the trial are stated in the opinion of the Court. The following are the points and 'authorities relied upon bj the Counsel for the Appellants : First. — That the Plaintiffs established their prima facia case on showing the existence of the partnership and producing the check or bill of exchange in evidence, and producing the acceptance in the partnership…
1Opinion of the Court
By the Cowrt
— Emmett, C. J.
The complaint alleges that R. W. Latham on the 6th day of September, 1853, drew and delivered to the Plaintiffs his check, or bill of exchange, in the words and figures following:
“Washington, Sep. 6, 1853.
“At one day’s notice, Selden, Withers & Co. — Pay to C. E. Rittenhouse, President of Bank of Commerce, or order, accompanied by $5,000 Ches, and Ohio Canal bonds, thirty-five hundred dollars, with interest from date.
“ R. W. Latham.”
It further alleges that the Plaintiffs on the same day presented this check to the Defendants, and they accepted the same by writing…
2Cases cited4 opinions
- Livingston v. RooseveltNew York Supreme Court · 1809
- Foot v. SabinNew York Supreme Court · 1821
- Graeff v. HitchmanSupreme Court of Pennsylvania · 1836
- Thorn v. SmithNew York Supreme Court · 1839
3Cited by6 opinions
- Taylor v. SullivanSupreme Court of Minnesota · 1891
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- Van Dyke v. SeelyeSupreme Court of Minnesota · 1892
- Platt v. Koehler, Dickey & Co.Supreme Court of Iowa · 1894
- Clement National Bank v. ConnollySupreme Court of Vermont · 1914
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