Minnesota Thresher Mfg. Co. v. Heipler
Supreme Court of Minnesota
Appeal by defendant, Gottfred Heipler, from a judgment of the District Court of Lac qui Parle County, Powers, J., entered July 6, 1891, in favor of the Minnesota Thresher Manufacturing Company, plaintiff, for $73.13. This action was commenced in a Justice Court, where plaintiff had judgment upon an accepted draft, of which the following is a copy: Marietta, October 17, 1889. Mr. Gottfred Heipler: Please pay Minnesota Thresher Manufacturing Company or order, fifty dollars,…
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Appeal by defendant, Gottfred Heipler, from a judgment of the District Court of Lac qui Parle County, Powers, J., entered July 6, 1891, in favor of the Minnesota Thresher Manufacturing Company, plaintiff, for $73.13. This action was commenced in a Justice Court, where plaintiff had judgment upon an accepted draft, of which the following is a copy: Marietta, October 17, 1889. Mr. Gottfred Heipler: Please pay Minnesota Thresher Manufacturing Company or order, fifty dollars, amount due me for threshing. Jerry Bandall. Witness, Wm. Kane. It is hereby expressly understood and agreed that the…
1Opinion of the CourtMitchell, J.
By the terms of the order or draft sued on, the drawer directed the defendant to pay the plaintiff a certain sum.
The defendant. accepted the draft, expressly agreeing to pay the plaintiff the sum named. Clearly the plaintiff held the legal title to the demand, and was the real party in interest.
It did not concern the defendant that there was an agreement between the drawer and the plaintiff that the latter took the order only for collection; the proceeds, when collected, to be applied on-the indebtedness of the former to the latter.
No exceptions were taken on the trial of the cause which…
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