Bankers National Bank v. Royal Indemnity Co.

The appeal is from the order denying a new trial.

Plaintiff sued for money had and received. When its evidence was in, the suit was dismissed on defendant’s motion. On appeal this court held that “plaintiff made a prima facie case, and defendant should have been put to its defense,” and the order denying a new trial was reversed. Bankers Nat. Bank v. Royal Ind. Co. 172 Minn. 379, 380, 215 N. W. 674. The new trial was to the same judge who tried it before, and the parties stipulated that the evidence introduced and the proceedings had on the former trial, as shown by the former settled case,…