Noyes v. Ostrom
Supreme Court of Minnesota
Action in the district court for Marshall county by the executors of the last will and testament of Bolivar C. Gill and L. Lamberson against John E. Ostrom and August Lundgren to recover $1,166.53, balance claimed to be due upon a certain promissory note. The substance of the separate answers is stated in the opinion. The replies were general denials. The case was tried before Grindeland, J., and a jury which returned a verdict in favor of defendants.
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Action in the district court for Marshall county by the executors of the last will and testament of Bolivar C. Gill and L. Lamberson against John E. Ostrom and August Lundgren to recover $1,166.53, balance claimed to be due upon a certain promissory note. The substance of the separate answers is stated in the opinion. The replies were general denials. The case was tried before Grindeland, J., and a jury which returned a verdict in favor of defendants. From an order denying plaintiffs’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.
1Opinion of the CourtO’Brien, J.
At the time of the execution of the promissory note hereafter referred to,, one Gill and plaintiff Lamberson were copartners under the firm name of Bank of Warren; Lamberson being the active manager in charge, and Gill residing in Illinois. Mr. Gill died prior to the commencement of this action. The executors of'his will, who were authorized to continue to operate the bank with Lamberson, brought this action jointly with Lamberson as partners under the firm name.
One Bhinehart had a contract with the county of Marshall for the digging and construction of a ditch. The plaintiff Lamberson and…
2Cases cited15 opinions
- State v. McCarteySupreme Court of Minnesota · 1871
- Thorpe v. Pennock Mercantile Co.Supreme Court of Minnesota · 1906
- Becker v. NorthwaySupreme Court of Minnesota · 1890
- Greve v. CoffinSupreme Court of Minnesota · 1869
- Knoblauch v. FoglesongSupreme Court of Minnesota · 1887
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3Cited by6 opinions
- Eichten Ex Rel. Eichten v. Central Minnesota Cooperative Power Ass'nSupreme Court of Minnesota · 1947
- New Amsterdam Casualty Company v. LundquistSupreme Court of Minnesota · 1972
- Newbern v. . FisherSupreme Court of North Carolina · 1930
- Wade v. Citizens State BankSupreme Court of Minnesota · 1924
- First Nat. Bank v. EngebretsonSouth Dakota Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.