Springfield Savings Bank v. Kjaer
Supreme Court of Minnesota
Action in the district court for Big Stone county to foreclose a mortgage. The case was tried before Steidl, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.
1DissentLewis, J.
I find no substantial evidence in the record to the effect that appellant either expressly or impliedly authorized the Kelleys to collect their notes before maturity. Kelley’s testimony tp that *186effect is of a general, rambling character, and he does not support his statement with a single instance. The force and credibility of Kelley’s testimony has been well characterized by Justice MITCHELL, in a similar case (Smith v. Fletcher, 75 Minn. 189, 77 N. W. 800), in the following language, at page 192: “As usual, his testimony was all in the air, indefinite and evasive, consisting principally of…
2Cases cited3 opinions
- Burchard v. HullSupreme Court of Minnesota · 1898
- Smith v. FletcherSupreme Court of Minnesota · 1899
- Valley Bank of Clarinda v. Shenandoah National BankSupreme Court of Iowa · 1899