Leighton v. Grant
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Hennepin county, refusing a new trial. The action was upon a promissory note, made by the defendants in their firm name of Grant, McCaine & Co., to the firm of Stanchfield & Leighton, (of which the plaintiff was a member,) and by them assigned to the plaintiff.
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Appeal by defendants from an order of the district court for Hennepin county, refusing a new trial. The action was upon a promissory note, made by the defendants in their firm name of Grant, McCaine & Co., to the firm of Stanchfield & Leighton, (of which the plaintiff was a member,) and by them assigned to the plaintiff. In their answer, the defendants alleged a written contract, (which is set forth in the opinion,) whereby Stanchfield & Leighton agreed to cut, haul and bank the pine trees, suitable for saw-logs, on certain described land, to the amount of about three million feet, at the…
1Opinion of the Court
By the Court.
McMillan, Ch. J.
The defendants, upon the trial introduced evidence, tending to show that all the logs they had that season, except those they got from Stanchfield and Leighton, amounted to three hundred and thirty thousand feet, and that when their mill shut down, at the close of the season,there were 450 logs, and no more, in the pond and creek, amounting to not more than 75,000 feet. They also proved *347by the man who bad charge of driving the Leigbton logs, that he made a clean drive, leaving not a log on the landing or bank. They also proved that their mill was a steam saw mill,…
2Cases cited4 opinions
- Eyre v. PotterSupreme Court of the United States · 1854
- Gardner v. HearttNew York Supreme Court · 1846
- Monongahela Navigation Co. v. FenlonSupreme Court of Pennsylvania · 1842
- Walters v. ArmstrongSupreme Court of Minnesota · 1861
3Cited by21 opinions
- Marble v. Oliver Iron Mining Co.Supreme Court of Minnesota · 1927
- Drew v. TifftSupreme Court of Minnesota · 1900
- Linville v. State ex rel. Board of CommissionersIndiana Supreme Court · 1892
- Moehlenpah v. MayhewWisconsin Supreme Court · 1909
- Lack Industries, Inc. v. Ralston Purina Co.Court of Appeals for the Eighth Circuit · 1964
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