Byrnes v. Byrnes
Supreme Court of Minnesota
Action in the district court for Sibley county by plaintiff, as administratrix of the estate of Thomas Byrnes, deceased, to recover $555, and interest, on two promissory notes. The case was tried before Cadwell, J., and a jury, which rendered a verdict in favor of plaintiff for $265. On motion the verdict was corrected by the court so as to read $457.47. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the Court
LEWIS, J.2
In 1887 appellant executed and delivered to respondent’s intestate, Andrew Byrnes, two promissory notes — one for $200, due three years from date, and the other for $300 payable two years from date — both with interest at the rate of seven per cent, per annum until paid. Mr. Byrnes resided in Minneapolis, and died in May, 1901. This action was commenced by the administratrix to recover upon the notes, the complaint alleging that $400 had been paid on November 11, 1899. The answer admitted the execution of the notes, but alleged that they had been fully paid. Appellant testified that…
2Cases cited4 opinions
- Marion v. HeimbachSupreme Court of Minnesota · 1895
- Clark v. AbbottSupreme Court of Minnesota · 1893
- Mason v. CampbellSupreme Court of Minnesota · 1880
- Sage v. ValentineSupreme Court of Minnesota · 1876
3Cited by8 opinions
- Demeules v. Jewel Tea Co.Supreme Court of Minnesota · 1908
- Road Improvement Dist. No. 4 of Conway County v. WilkersonCourt of Appeals for the Eighth Circuit · 1925
- C. W. La Moure Co. v. Cuyuna-Mille Lacs Iron Co.Supreme Court of Minnesota · 1920
- McAllen v. McAllenSupreme Court of Minnesota · 1906
- Foster County State Bank v. LammersSupreme Court of Minnesota · 1912
3 more not listed; retrieve them via the Exa API.