Zelch v. Hirt
Supreme Court of Minnesota
Appeal by plaintiff, John Zelch, from an order of the District Court of Hennepin County, Robert D. Russell, J., made March 3,1894, denying his motion for a new trial. On April 15, 1892, defendant, P. J. Hirt, made and delivered to plaintiff his two promissory notes, one for $275 due December 1, 1892, and the other for $250 due June 1, 1893, each bearing interest.' He secured them by a mortgage upon four work horses.
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Appeal by plaintiff, John Zelch, from an order of the District Court of Hennepin County, Robert D. Russell, J., made March 3,1894, denying his motion for a new trial. On April 15, 1892, defendant, P. J. Hirt, made and delivered to plaintiff his two promissory notes, one for $275 due December 1, 1892, and the other for $250 due June 1, 1893, each bearing interest.' He secured them by a mortgage upon four work horses. The notes were not paid and on September 20, 1894, plaintiff demanded possession of the horses. Being refused he commenced this action of replevin, basing his claim and title on…
1Opinion of the CourtBuck, J.
The plaintiff brought an action in replevin to recover possession of certain horses mortgaged to him by the defendant to secure the payment of two promissory notes, amounting in the aggregate to the sum of $525, dated April 15, 1892. As to what con*362stituted the consideration for these notes and mortgage was the principal question in controversy.
It appears that some time in the month of April, 1890, the plaintiff was engaged in the business of buying and selling horses. The defendant purchased a horse of the plaintiff named “Crafty,” for the sum of $1,700, and gave his three promissory notes…
2Cases cited2 opinions
- Schwerin v. De GraffSupreme Court of Minnesota · 1875
- Reiser v. GigrichSupreme Court of Minnesota · 1894
3Cited by2 opinions
- Cochrane v. West Duluth Industrial Construction & Improvement Co.Supreme Court of Minnesota · 1896
- Johnson v. SinclairSupreme Court of Minnesota · 1918